G.R. NO. 165253 - CIVIL SERVICE COMMISSION, VS. BERNABET A. MAALA.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, you were given an appointment as Clerk III at the aforementioned agency effective December 1, 1995. However, upon verification from the Professional Regulation Commission, it was found out that your name does not appear in the list of professionals, having obtained a failing grade of 67.4%. Such act is contrary to CS law, rules and regulations." In her answer, [13] respondent denied the charge, claiming that she acted in good faith and had no intent to commit any falsity. She explained that she was misled by one Armi Liguid into believing that she passed the Social Worker Licensure Examination. Her answer reads in part: "After my graduation in June, 1995, I took the Social Worker Licensure Examination where I obtained the grade of 67.40%. Sometime in July of the same year, a lady, riding a red late model Mitsubishi-Lancer car with Plate No. ADB 261, stopped by our house at Butong, Taal, Batangas. She introduced herself as Armi Liguid looking for clients who would like to avail of her services. She asked me whether I am Bernabet Maala and after answering in the affirmative and engaging in a brief conversation, represented that she is well-verse in the procedure of asking for a re-checking of examination papers in this Honorable Commission and in asking for a reconsideration of examinees who failed the examination, particularly those who nearly reached the passing grade. When asked as to how much is her professional fee, she said her fee is P15,000.00 payable only if she is successful in her undertaking. There being nothing wrong nor illegal in asking for a re-checking of my examination papers, nor in asking for a reconsideration of my failing mark as it is only a question of less than 3% to reach the passing grade to obtain my license, and I have nothing to pay if she will not be successful, I agreed to retain the services of Ms. Armi Ligu id. We agreed to meet in Manila. She gave her address at No. 4 Madiac St., Quezon City and her telephone No. 60-61-12 to contact her. In one of our meetings, she made me sign a petition addressed to this Honorable Civil Service Commission. After several meetings, she intimated that this Commission has granted my petition and asked for copies of my photographs and the amount of P5,000.00 as advance payment of her fee, allegedly to defray the expenses in the registration of my license and others. Finally, in our meeting in August 18, 1995, she presented to me my certificate as a Social Worker allegedly issued by this Commission (photocopy is attached as Annex "1"); the reconsidered rating (Annex "2"); the official receipt for P370.00 (Annex "3"); the Board Resolution on the Petition for Reconsideration (Annex "4"); and my I.D. License (Annex "5"). She also accompanied me to a Notary Public where I was made to accomplish and subscribe to an oath of office as Social Worker (Annex "6"), after which she collected the P10,000.00 balance of her professional fee. x x x x x x x x x The foregoing facts and cir