G.R. No. 238774 - CIVIL SERVICE COMMISSION, VS. HILARIO J. DAMPILAG.DECISION - Supreme Court E-Library

Ruling

WHEREFORE , the petition for review or Hilario J. Dampilag Special Investigator I, City Environment and Natural Resources Office (CENRO). [DENR-CAR], Baguio City, is hereby DISMISSED . Accordingly, the Decision No. 15-0058 dated September 11, 2015 and Resolution No. 15-00023 dated October 28, 2015 of the [CSC-CAR], Baguio City, finding him guilty of Serious Dishonesty, Falsification of Official Documents, and Grave Misconduct and imposing upon him the penalty of dismissal from the service with all the accessory penalties or cancellation of eligibility, forfeiture or retirement benefits, except terminal/accrued leave benefits and personal contributions to the GSIS if any, perpetual disqualification from holding public office and bar from taking civil service examinations; and denying his Motion for Reconsideration, respectively, are hereby MODIFIED as he is found GUILTY of two (2) counts of Serious Dishonesty and imposed upon him the penalty of dismissal from the service with all the accessory penalties aforestated. Copies of this Decision shall be furnished the Commission on Audit-DENR-CAR and the Government Service Insurance System (GSIS), for their reference and appropriate action. Quezon City. [31] On reconsideration, Dampilag averred that the CSC failed to consider certain documents showing varying style of his signature and handwriting. [32] He insisted that he inadvertently submitted the wrong picture and the act was not attended by malice. [33] On June 6, 2016, the CSC denied the motion and ruled: WHEREFORE , the Motion for Reconsideration of Hilario J. Dampilag, Special Investigator I, [CENRO], [DENR-CAR] is hereby DENIED . Accordingly, CSC Decision No. 160324 dated February 29, 2016 which modified the Decision No. 15-0058 dated September 11, 2015 and Resolution No 15-00023 dated October 28, 2015 of the [CSC-CAR], Baguio City, finding him guilty of two (2) counts of Serious Dishonesty and imposing upon him the penalty of dismissal from the service with all the accessory penalties or cancellation or eligibility, forfeiture of retirement benefits, except terminal/accrued leave benefits and personal contribution to the GSIS, if any, perpetual disqualification from holding public office, and bar from taking Civil Service Examination, STANDS . Quezon City. [34] On appeal, the CA reversed the CSC and exonerated Dampilag of the offense. The CA noted that a copy of the PSP and PDS were not made part of the records of the CA. [35] With the absence of possible reference to find the existence of the alleged dissimilarities between the photograph and the signature in the PSP and PDS, the CA based its decision solely on the pieces of evidence submitted before it ( i.e. , Affidavit of Mandy Doney, executed on January 9, 2002; Certification issued by the DENR-CAR, Land Management Services, executed on November 29, 2008; Certification of Land Investigation issued by the DENR-CAR, Land Management Services, executed on February 11, 2009; Certification pert