Republic of the
Supreme Court
en banc
RE: THEFT OF
THE USED GALVANIZED IRON (GI) SHEETS IN THE SC COMPOUND, |
A.M. No. 2008-15-SC Present: |
|
CARPIO, CARPIO MORALES, VELASCO, JR., NACHURA,* LEONARDO-DE CASTRO, BRION, PERALTA, BERSAMIN, ABAD, VILLARAMA, JR., PEREZ, SERENO, JJ. |
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Promulgated: |
|
May 31, 2011 |
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R E S O L U T I O N
PER
CURIAM:
This administrative matter refers to the theft of used galvanized iron (GI) sheets in the Supreme Court (SC)
Compound in
On
A joint investigation by the Complaints and Investigation Division (CID) and Security Division of OAS was
conducted.
The facts, as gathered from the investigation, are summarized as
follows:
On the morning of
While they were marveling to such occurrence, a man from the
neighborhood told them from afar, “Baka
kami ang mapagbintangan, mga kasama nyo rin ang kumuha dyan.”[3]
The remark was made on the mistaken belief that Estonilo and Padilla were
looking at the GI sheets[4]
piled down in the vacant lot. They were
also informed that one of the boarders in the neighborhood saw the GI sheets
being lowered from the back post down to the vacant lot.
Estonilo and Padilla informed Utility Worker II Saturnino Rivera (Rivera) about the incident and the
latter, in turn, informed the Officer-in-Charge (OIC) Maintenance
Personnel,
De Guzman, together with Security-in-Charge (SIC) Edgar Carbonel (Carbonel), went to the back post of the
SC Compound and the surrounding neighborhood to investigate. They found out
that twelve (12) GI sheets were lowered to the vacant lot. The boarder, who
witnessed the incident and whose house was near the SC fence, informed them
that on
The guards on duty at the time of the
incident were identified from the security logbook and the testimonies of the
security personnel. Temporarily assigned at the back post from where the GI
sheets were taken, on July 16, 2008 from 3:00 o’clock in the afternoon to 11:00
o’clock in the evening was watchman Nick Antonio (Antonio) as replacement for Watchman II-Casual Advin Tugas (Tugas) who was unavailable at the time
due to a basketball intramural game for court employees. At
Romero testified that no outsider entered the SC Compound during his
shift. Only on-duty and stay-in maintenance personnel had entered the compound
during their shifts. He had seen Tugas carrying an umbrella and a DVD
player. Antonio, on the other hand,
recalled that during his turn-over of the back post, Tugas was wearing boots,
black pants and a black long-sleeved jacket with the marking “Judiciary.”
Engr. Sanchez stated that the
perimeter fence at the back post was being upgraded to prevent intrusion into
the SC Compound. He opined that “nobody
would steal from the outside, if there [were] thefts committed, it would come
from inside,”[6] as
the SC Compound was high and elevated, and there was no other entrance but
the front gate. Quoted hereunder are pertinent portions of his testimony:
Q: Ang lalim nito ah?
A: Ang lalim nito pag nasilip nyo ito.
(referring to the fence) Nagtataka nga ako… pero may sumasalo kasi hindi nagkakahol
ang aso, hindi nagkalampagan.[7]
x x x
Q: At sino namang magbababa dito sa area na ito
except those with access dito?
A: Yun nga eh. Liban na lang kung sasabihin ni
Advin na sya na rin kasi sya yung nakaduty o idamay nya yung kapatid ng biyenan
nya kasi yun ang umakyat dito at naghagdanan ng mataas. Subukan nyong silipin
yan, malalim yan. At saka hindi kumahol ang aso eh may [pitbull] dyan.[8]
Security Guard I Arturo Villanueva (Villanueva) is the brother of the
father-in-law of Tugas. Engr. Sanchez
and De Guzman testified that Villanueva was then making house repairs, and the
vacant lot where the GI sheets were found was owned by the Villanueva family.
Torres testified that on
Q: Totoo ba yung sinabi ni Tugas na meron syang
dalang DVD?
A: Nanonood sya sir.
Q: So bilang isang SIC anong ginawa mo?
A: Ang sabi ko, kasi malakas ang ulan, bumabagyo
nga, sabi ko, “Maganda yata yung pinapanood mo. Paki-log na umikot ako noong
oras na ito.”[10]
Watchman II-Casual Elena Javier (Javier),
who was the guard on duty at the back post from
Q: Confidential ito. Hindi nila malalaman.
Sasabihin mo lang ang alam mo.
A:
Q: Bakit daw?
A: Bakit ko daw kinuhanan ng picture. Sabi ko
naman inutusan lang ako. Ang matindi sir, sabi nya bakit alam nyo bang property
ng Supreme Court. Sabi ko naman, bakit property din ba yan ng Tugas-Villanueva?[11]
The alleged theft occurred on
Villanueva testified:
Q: Kasi sya ang nagbalik?
A: Opo, sya ang nagbalik. [Referring to Advin
Tugas] kaya kako, “Sigurado ka ba na kwan?” … “Oo, nag-usap na kami ni Engr.
Sanchez,” sabi nya, “para matigil na yung mga haka haka dyan: sabi nya, “O sige
kapag yung kwan kako, sinabi ni Engr, o di sige ibalik mo kako para maayos mo
yung problema mo.”
Q: So tinulungan mo sya pag-akyat?
A: Opo, tinulungan ko na.
Q: Ikaw ang tumulong para mailagay mo sa taas?
A: Opo sir, para mailagay sa taas.[12]
x x x
Q: According to Advin Tugas. Ngayon sa logbook
mo, makikita ba dito sa turn over mo na twelve (12) GI sheets kay Engr.
Sanchez?
A: Wala ho yata akong turn-over eh, kasi
napagod ako eh kaya di ko na naturn-over kaya sinabi ko na lang kay Antonio,
yung papalit sa kin sa kwan ko.. sa poste ko, nung mga Eleven (
On the other hand, Tugas denied
retrieving the GI sheets:
Q: Tanungin kita uli, hindi ka lumapit kay Mr.
Villanueva na magpapatulong ka na maibalik yung GI sheets na labing dalawa
(12)?
A: Yes, sir.
Q: Oo o hindi? Lumapit ka ba sa kanya at
nagpatulong na itong doseng (12) GI sheets maiakyat ulit so itass?
A: Hindi sir.
Q: So sino sa palagay mo ang nag-akyat ng GI
sheets na galing dito sa baba, inakyat sa taas?
A: Hindi ko po alam sir.[14]
Torres testified that Villanueva was
stationed at the back post at the time the GI sheets were returned, and that
Tugas probably returned the GI sheets as he had left his post at around
As an alibi, Villanueva testified that at the time of the incident on
While, Tugas, in his defense, contends that the allegations against him
are malicious, baseless and biased. He surmises that he is being harassed
because he is aware of certain illegal activities of SC personnel in
OAS recommended that Tugas be
dismissed from the service for grave misconduct for taking the GI sheets
without lawful authority. If not for
such recommended dismissal, OAS would have recommended that Tugas be suspended
for six (6) months for conduct prejudicial to the best interest of the service
for watching a DVD while on duty.
As to Villanueva, OAS recommended that
he be suspended for eight (8) months for grave misconduct; while Torres be
suspended for twenty (20) days with warning for tolerating Tugas’ DVD watching
while on duty; and De Guzman be admonished for falling short of his
responsibility as Assistant OIC.
The Court adopts the findings and
recommendations[15]
of the OAS, with modification.
In
administrative proceedings, only substantial evidence, that is, that amount of
relevant evidence that a reasonable mind might accept as adequate to support a
conclusion, is required. The standard of substantial evidence is satisfied when
there is reasonable ground to believe that the person indicted is responsible
for the alleged wrongdoing or misconduct.[16]
From
the established facts and circumstances, there is reasonable ground to believe
that Tugas is indeed responsible for the taking of the GI sheets from the SC
Compound.
Tugas
was the back post duty guard at the time the GI sheets were moved out of the SC
Compound. Per testimony of Romero, the
front gate duty guard at the time, and as appearing in the security logbook, no
outsider had entered the SC Compound at the time the GI sheets were taken, but
only those on duty and stay-in maintenance personnel.
It is
hard to believe that Tugas, being the back post guard at the time, did not hear
the rattling and clanging sound of 12 pieces of GI sheets being moved and
dropped below the perimeter fence. Tugas’ attire at the night of the incident
matched that of the culprit as described by the boarder.
Other
circumstances support the conclusion that Tugas is responsible for taking the
GI sheets. The vacant lot is owned by the Villanueva family, who are the
relatives of the wife of Tugas, rendering access to the area possible despite
the locked gate and presence of guard dogs on the property. According to Villanueva, Tugas had plans to
make house repairs and had planned to borrow a ladder from Engr. Sanchez for an
alleged different purpose but never pushed through with it. Lastly, Tugas’ angry reaction when Javier was
taking pictures was unusual and suspicious.
Misconduct has
been defined as "a transgression of some established and definite rule of
action, more particularly, unlawful behavior or gross negligence by a public
officer." The misconduct is grave if it involves any of the additional
elements of corruption, willful intent to violate the law, or to disregard
established rules, all of which must be established by substantial evidence, and
must necessarily be manifest in a charge of grave misconduct.[17]
Corruption, as an element of grave misconduct, consists in the act of an
official or fiduciary person who unlawfully and wrongfully uses his station or
character to procure some benefit for himself or for another person, contrary
to duty and the rights of others.[18]
Furthermore, misconduct warranting removal from office of an officer must have
direct relation to and be connected with the performance of official duties
amounting either to misadministration or willful, intentional neglect
and failure to discharge the duties of the office.[19]
Security guards, by the very nature
of their work, are mandated to secure the court premises and protect its
property from pilferage. It
should go without saying that their duty should never be compromised to advance
their own interests. As a security guard,
Tugas is bound to safeguard the court premises and its properties. Tugas very
clearly violated his duty by taking the GI sheets with the intention to use it
for personal house repairs. In so doing, he unlawfully used his position to
procure benefit for himself, blatantly contrary to his duty. With the element
of corruption accompanying his unlawful behaviour, Tugas is guilty of grave
misconduct.
Tugas
further violated his duty by watching a DVD at the time he was on duty, in
violation of General Order No. 11,[20]
requiring him to be “especially watchful at night.” Such also amount to grave
misconduct, and at the same time, is clearly prejudicial to the best interest of
the service. Thus, when the very person charged with the protection of court
property has not only failed to do so but instead become the perpetrator of the
very misdeeds he is mandated to prevent, dismissal from the service is
warranted.
Similarly,
there is reasonable ground to believe that Villanueva is guilty of grave
misconduct. A memorandum dated
Furthermore,
the Villanueva family owns the lot below the SC perimeter fence. Half of it is occupied with rented houses
while the other half is vacant.
Outsiders cannot enter. The
vacant lot has a locked gate and two pitbull guard dogs that deter outsiders
from entering the area. The height of
the perimeter fence and the testimony of the boarder indicate that at least two
people would be required to lower the GI sheets from the SC Compound down to
the vacant lot. Villanueva was off-duty
at the time of the incident. This fact, taken with the abovementioned circumstances,
constitutes reasonable ground to believe that Villanueva was the person
receving the GI sheets down in the vacant lot.
Under
Rule IV, Section 52(A)(3) of the Uniform Rules on Administrative Cases in the
Civil Service,[22]
grave misconduct is a grave
offense punishable with dismissal from the service for the first offense.The
Court, however, notes that Villanueva has served the Court for 21 years with
only a single prior administrative case for which he was meted the penalty of suspension
of one month and one day without pay. Considering such, the Court deems that a suspension
of six (6) months would be proper under the circumstances.
As for
Torres, the 2nd shift SIC, the Court finds his explanation
satisfactory and acceptable, that his remark, “Maganda yata
yung pinapanood mo,” was a sarcastic order for Tugas to cease watching the
DVD. Indeed, Tugas did immediately stop watching the DVD after such comment was
made. As to his failure to initiate the
retrieval of the GI sheets, he cannot be faulted for such because he was not
tasked with the investigation of the incident.
Meanwhile, the Court agrees with the OAS
recommendation that De Guzman should be admonished for falling short of his
duties as Assistant OIC. De Guzman, the acting OIC of the Security Division at
the time tasked with the verification of the incident, should have conducted a
more exhaustive probe. Given the report that it was an SC personnel who effected
the taking of the GI sheets, he should have immediately conducted an inquiry with
the personnel on duty at the time and place in question. No intiative was taken
by De Guzman to summon Tugas for questioning, as it was the latter himself who
later approached De Guzman to ask what should be done. Furthermore, after
determining that the GI sheets were in fact SC property, he failed to order
their immediate retrieval.
WHEREFORE,
1.
Advin Tugas, Watchman II-Casual, is hereby found GUILTY
of grave misconduct and conduct prejudicial to the best interest of the
service, and is ordered DISMISSED from the service.
2.
Arturo Villanueva, Security Guard I, is hereby found GUILTY
of grave misconduct, and is ordered SUSPENDED for Six (6) Months without
pay.
3.
Inocencio De Guzman, Security Guard II, is hereby ADMONISHED
to be more diligent in performing his duties as Acting OIC.
SO ORDERED.
RENATO
C. CORONA
Chief
Justice
ANTONIO T.
CARPIO CONCHITA CARPIO MORALES
Associate
Justice
Associate Justice
PRESBITERO J.
VELASCO, JR. ANTONIO EDUARDO B.
NACHURA
Associate Justice Associate Justice
TERESITA J.
LEONARDO-DE CASTRO ARTURO D. BRION
Associate Justice
Associate Justice
DIOSDADO M.
PERALTA LUCAS P. BERSAMIN
Associate Justice
Associate Justice
MARIANO C.
Associate Justice
Associate Justice
MARTIN S.
VILLARAMA, JR. JOSE
Associate Justice
Associate Justice
JOSE CATRAL MENDOZA MARIA LOURDES P.A. SERENO
Associate Justice
Associate Justice
* On leave.
[1] Rollo, p.
32.
[2]
[3]
[4]
[5]
[6] Id at 41.
[7]
[8]
[9]
[10]
[11]
[12]
[13]
[14]
[15]
[16] Babante-Capales v. Capales, A.M. No. HOJ-10-03,
[17]
Office of the Court Administrator v.
Lopez, A.M. No. P-10-2788,
[18]
[19] Largo v. Court of Appeals, G.R. No. 177244, November 20, 2007, 537
SCRA 721, 730-731, citing Manuel v.
Calimag, Jr., 367 Phil. 162, 166-167 (1999).
[20] Sec. 7. General
Orders, of the 1994 revised rules and regulations implementing R.A. No. 5487,
as amended, governing the organization and operation of private security
agencies and company security forces throughout the
[21] Rollo, p. 36.
[22] CSC Resolution No.
99-1936.