Oca Vs Flores

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A.M. No. P-07-2366. April 16, 2009.

OFFICE OF THE COURT ADMINISTRATOR vs. MARIA CELIA A.


FLORES, Court Legal Researcher II
FACTS:
Respondent applied for and was appointed as Court Legal Researcher II in the
Regional Trial Court, Branch 217, Quezon City. The Office of the Court
Administrator (OCA) then came across a labor case decision docketed as G.R. No.
109362 where respondent was dismissed as clerk of the Philippine Public School
Teachers Association (PPSTA) for engaging a fellow employee in a brawl. It was
also found that she was disciplinarily charged six times. Respondent filed a
complaint for illegal dismissal before the Labor Arbiter who ruled in her favor. On
appeal, the National Labor Relations Commission declared the dismissal valid.
Pending resolution of the petition for certiorari, respondent was appointed as Court
Legal Researcher II. Eventually, the validity of her dismissal was sustained. Upon
learning of said case, the instant administrative complaint was filed by the OCA
charging respondent with dishonesty for failure to disclose in her Personal Data
Sheet (PDS) her suspension and dismissal from previous employment. The OCA
then found respondent guilty of dishonesty and recommended her dismissal from
service.
ISSUE:
Whether or not respondent is guilty of dishonesty.
RULING:
YES. Dishonesty is defined as “intentionally making a false statement in any
material fact, or practicing or attempting to practice any deception or fraud in
securing his examination, registration, appointment or promotion.” In the instant
case, respondent attributed the failure disclose her previous suspension to “human
frailty” and “honest mistake.” A suspension is not something that occurs in one’s
career regularly that it can easily be forgotten. Anent respondent’s claim that she
fully disclosed the fact of her dismissal in the PDS by citing the pendency of a
petition for certiorari before the Supreme Court, her failure to give the requisite
particulars only demonstrated lent suspicion that she intended to conceal the
pendency of the administrative case against her. The accomplishment of the PDS is
required under Civil Service Rules and Regulations for employment in the
government. The making of an untruthful statement therein amounts to dishonesty
and falsification of an official document that warrant dismissal from the service.
The Code of Conduct and Ethical Standards for Public Officials and Employees
enunciates the State’s policy of promoting a high standard of ethics and utmost
responsibility in the public service. Persons involved in the dispensation of justice,
from the highest official to the lowest clerk, must live up to the strictest standards
of integrity, probity, uprightness and diligence in the public service. As the
assumption of public office is impressed with paramount public interest, persons
aspiring for public office must observe honesty, candor and faithful compliance
with the law.

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