G.R. No. 225774 - JESSIE JAVIER CARLOS, VS. DEPARTMENT OF FINANCE - REVENUE INTEGRITY PROTECTION SERVICE (DOF­-RIPS) AND OFFICE OF THE OMBUDSMAN.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , we find respondent JESSIE JAVIER CARLOS guilty of the offense of GRAVE MISCONDUCT and GROSS NEGLECT OF DUTY and as such is thereby imposed the penalty of DISMISSAL from the service with the accessory penalties of cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification for reemployment in the government service, as provided for under Rule IV, Section 52(A)(2) no. 3 and 2, in relation to Section 58 (a) of the Uniform Rules on Administrative Cases in the Civil Service. SO RESOLVED. [14] After his Motion for Reconsideration and Joint Motion for Reconsideration were denied in the Joint Order dated October 25, 2014, [15] Carlos filed a Petition for Review before the Court of Appeals. The Court of Appeals ruled that the review and compliance procedure in Section 10 of Republic Act No. 6713 being invoked by Carlos does not apply where the Ombudsman is the one reviewing a public officer or employee's SALN. [16] On the evidence of Carlos's illegal acquisition of properties and commission of grave misconduct and gross neglect, the Court of Appeals ruled that the presumption that Carlos unlawfully acquired the properties, which are manifestly out of proportion to his income, stands. However, Carlos's failure to file true and detailed SALNs did not amount to grave misconduct or gross neglect of duty. Rather, Carlos committed dishonesty. The dispositive portion of the Court of Appeals Decision reads: WHEREFORE , the petition is GRANTED in PART . The October 25, 2012 Decision and the October 25, 2014 Joint Order of the Office of the Ombudsman in OMB-C-A-11-0775-L (LSC) are hereby REVERSED and SET ASIDE and a new one is entered finding petitioner Jessie Javier Carlos guilty of DISHONESTY and imposing upon him the penalty of DISMISSAL from the service, with the penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for reemployment in the government service. SO ORDERED.