G.R. No. 208976 - THE HONORABLE OFFICE OF THE OMBUDSMAN, VS. LEOVIGILDO DELOS REYES, JR..R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, respondents, Leovigildo T. Delos Reyes, Jr. and Elizabeth G. Driz, are found guilty for Grave Misconduct and Gross Neglect of Duty, and are thus imposed the penalty of DISMISSAL from the service, including all the accessory penalties of, cancellation of eligibility, forfeiture of leave credits and retirement benefits, and disqualification for reemployment in the government service. The complaint for Dishonesty filed against the respondent is however Dismissed for insufficiency of evidence. The Honorable Rosario Uriarte, Chairman and General Manager of the Philippine Charity Sweepstakes Office, is hereby directed to implement immediately this decision pursuant to Memorandum Circular No. 01, Series of 2006. SO ORDERED . [18] Delos Reyes' partial motion for reconsideration was denied on November 15, 2007. [19] He then filed before the Court of Appeals a petition for certiorari docketed as CA-G.R. SP No. 117683 under Rule 65 of the Rules of Court. On March 1, 2013, the Court of Appeals granted the petition and reversed and set aside the Office of the Ombudsman's decision and resolution, thus: WHEREFORE , the petition is GRANTED and the assailed June 10, 2006 Decision and November 15, 2007 Order , finding petitioner Leovigildo T. Delos Reyes, Jr. guilty of grave misconduct and gross neglect of duty, are REVERSED and SET ASIDE . The Philippine Charity Sweepstakes Office (PCSO) is ordered to REINSTATE petitioner as Chief of the Marketing and On-Line Division, Central Operations Department (COD) of the PCSO, with full backwages, retirement benefits and emoluments, and without diminution as to his seniority rights from the time of his dismissal from office until his reinstatement. SO ORDERED.