20. Samson v. Restrivera
Short Description
Samson v. Restrivera...
Description
Samson v. Restrivera | Nice March 28, 2011 FILIPINA SAMSON, Pe Petitioner, vs. RESTRIVERA, Respondent. RESTRIVERA, Respondent. VILLARAMA, J.
JULIA
A.
NATURE: Petition for review of CA decision SUMMARY: Samson Samson,, a depart departmen mentt head head of the Populati Population on Commission, areed to help Restrivera to have the latter!s land reistered. She accepted "0# from Restrivera for the e$penses. %owever, the land was actuall& found to 'e overnment land, so Samson failed to reister it, and also failed to return the amount. Rest Restri rive vera ra file filed d a case case for for esta estafa fa aai aains nstt her, her, as well well as administr administrativ ative e chares. chares. (he )m'udsma )m'udsman n found her uilt& uilt& of violatin the provision on professionalism under RA *+1 and suspended her for months w-o pa&. CA affirmed. (he SC held that that she she was was not not lia' lia'le le unde underr RA *+1, *+1, 'ut 'ut for for cond conduc uctt un'ecomin a pu'lic officer for failin to return the mone&. DOCTRINE: (he SC has often declared that any act that falls sh!t f th" "#act$n% stan&a!&s f! '()l$c ff$c" shall nt )" c(nt"nanc"&. c(nt"nanc"&. Samson should have complied with her promise to return the amount after failin to accomplish the tas# she had willinl& accepted. %owever, she waited until she was sued for estafa, thus reinforcin the suspicion that she misappropriated the mone&. Althouh the element of deceit was not proven in the criminal case respondent filed aainst the petitioner, it is clear that '& her actuations, Samson violated 'asic social and ethical norms in her private dealins. E*"n $f (n!"lat"& t h"! &(t$"s as a '()l$c '()l$c ff$c" ff$c"!, !, h"! t!ans% t!ans%!"s !"ss$ s$n n c(l& c(l& "!&" "!&" th" '()l$c+s t!(st $n %*"!n"nt "'ly""s, !" s )"ca(s" sh" hl&s a h$%h 's$t$n $n th" s"!*$c". s"!*$c". FACTS: Sams Samson on is a depa depart rtme ment nt head head of the the Popu Popula lati tion on Commis Commissio sion n with with office office at the Provin Provincia ciall Capito Capitoll of Cavite. March 2001 Samson areed to help Restrivera to have the latter!s land in Cavite reistered under the (orrens S&stem. She told Restrivera that the e$penses would reach reach P1"0# P1"0# and accept accepted ed P"0# P"0# from from Restri Restriver vera a to cover the initial e$penses for the titlin. %owe %oweve ver, r, Sams Samson on fail failed ed to acco accomp mpli lish sh the the tas# tas# 'ecause the land was found to 'e overnment propert&. Samson failed to return the P"0#, so Restrivera sued her for estafa /which was eventuall& eventuall& dismissed dismissed and also also file filed d an admi admini nist stra rati tive ve comp compla lain intt for for rav rave e miscon misconduc ductt or conduc conductt un'eco un'ecomin min a pu'lic pu'lic office officer r aainst her 'efore the )m'udsman. (he )m'uds )m'udsman man found found Samson Samson uilt& uilt& of viola violatin tin Section /' of R.A. o. *+1 and suspended her for * months without pa&. (he )m'udsman ruled that she failed to a'ide '& the standard set in Section /' of R.A. R.A. o. *+1 and deprived deprived the overn overnmen mentt of the 'enefit of committed service when she em'ar#ed on her private interest to help Restrivera secure a certificate of title over the latter!s land. Samson Samson filed MR, and the )m'udsman )m'udsman reduced reduced the penalt penalt& & to months months suspen suspensio sion n withou withoutt pa&. pa&. (he )m'u )m'uds dsma man n rule ruled d that that Sams Samson on!! acce accept ptan ance ce of Restrivera!s pa&ment created a perception that she was a fi$er. %er act fell short of the standard of personal conduct re3uired '& Section /A/' of RA *+1 that pu'lic pu'lic offic official ials s shall shall endeav endeavor or to discou discoura rae e wron wron perceptions of their roles as dispensers or peddlers of undue patronae. (he CA affirmed the )m'udsman, and ruled that the )m'udsman had 4urisdiction even if the act complained of is a private matter. (he CA also ruled that Samson violated the norms of conduct re3uired of her as a pu'lic •
•
•
•
•
•
officer when she demanded and received the amount of P"0# on the representation that she can secure a title to the propert&, and for failin to return the amount. (he CA stressed that Section /A/' of RA *+1 re3uires Samson to perform and dischare her duties with the hih hihes estt der deree ee of e$ce e$cell llen ence ce,, prof profes essi sion onal alis ism, m, intellienc intellience e and s#ill, and to endeavor endeavor to discourae discourae wron wron perc percep epti tion ons s of her her role role as a disp dispen ense serr and and peddler of undue patronae. Samson, in her petition, arues that Since the act complained of is not related to o the the perf perfor orm manc ance of offi fficial ial dut& dut&,, the )m'udsman has no 4urisdiction. (he estafa case was dismissed upon a findin o that she was not uilt& of fraud or deceit, hence misconduct cannot 'e attri'uted to her. 5ven assumin that she is uilt& of o misconduc misconduct, t, she is entitled to the 'enefit 'enefit of mitiatin circumstances such as the fact that this is the first chare aainst her in her lon &ears of pu'lic service. Restrivera counters that Samson fa$l"& t )s"!*" th" an&at" that '()l$c ff$c" $s a '()l$c t!(st - h"n sh" "&&l"& $n an affa$! that )"ln%s t anth"! a%"ncy an& !"c"$*"& an a(nt f! (n&"l$*"!"& -!. -! . ISSUE /0: 12N th" O)(&san has 3(!$s&$ct$n "*"n t h(%h $t -as a '!$*at" &"al 4YES5 RATIO /0: Section 1/1, Article 67 of the 18+ Constitution states that the )m'udsman can investiate on its own or on complaint '& an& person an& act or omission of an& pu'lic official or emplo&ee when such act or omission appears to 'e illeal, un4ust, or improper. Also under Section 1* of R.A. o. *++0 /)m'udsman Act of 18, the )m'udsman!s 4urisdiction encompass encompasses es all #inds of malfeasanc malfeasance, e, misfeasan misfeasance, ce, and nonfeasance nonfeasance committe committed d '& an& pu'lic officer or emplo&ee durin his-her tenure. Section 1 of the same law also states that the )m'udsman shall act on all complaints relatin, 'ut not limited, to acts or omissions which are unfair or irreular. (hus, even if the complaint concerns an act of the pu'lic official or emplo&ee which is not service9connected, the )m'udsman has 4urisdiction. (he law does not 3ualif& the nature of the illeal act or omission, and does not re3uir re3uire e that that said said act or omiss omission ion 'e relate related d to the performance of official dut&. ISSUE /6: 12N Sasn cannt )" f(n& a&$n$st!at$*"ly l$a)l" s$nc" th" "stafa cas" -as &$s$ss"& 4NO5 RATIO /6: 7t is settle settled d that that admini administr strati ative ve cases cases ma& procee proceed d inde indepe pend nden entl tl& & of crim crimin inal al proc procee eedi din ns, s, and and ma& ma& continue despite the dismissal of the criminal chares. ISSUE /7: 12N Sasn has any l$a)$l$ty (n&"! S"c. 84A54)5 f RA 907 4NO5 RATIO /7: :or proper consideration consideration instead is Samson!s Samson!s lia'ilit& under Sec. /A/' of RA *+1, which provides S5C. . Norms of Conduct of Public Officials and Employees. 9 Employees. 9 /A 5ver& standards of personal conduct in the dischare and e$ecution of official du ;$ $ $< /' Professionalism. Professionalism. 9 Pu'lic officials and emplo&ees shall perfo e$cellence, professionalism, intellience and s#ill. (he& shall en dut&. (he& (he& shall endeavor to discourae wron perceptions of thei •
•
•
•
•
•
•
•
•
PUB OFF: WEEK 5B │ 1
•
•
•
•
•
•
;$ $ $< =oth the )m'udsman and CA found Samson administrativel& lia'le for violatin Section /A/' on professionalism. >Professionalism> is defined as the conduct, aims, or 3ualities that characteri?e or mar# a profession. A professional refers to a person who enaes in an activit& with reat competence. 7n the conte$t of RA *+1, the o'servance of professionalism also means upholdin the interit& of pu'lic office '& endeavorin >to discourae wron perception of their roles as dispensers or peddlers of undue patronae.> (hus, a pu'lic official or emplo&ee should avoid an& appearance of impropriet& affectin the interit& of overnment services. %owever, it should 'e noted that Section /A enumerates the standards of personal conduct for pu'lic officers with reference to >e$ecution of official duties.> 5videntl&, the )m'udsman and CA interpreted the a'ove provision as 'road enouh to appl& even to private transactions that have no connection to the duties of one!s office. %owever, Sasn ay nt )" '"nal$;"& f! *$lat$n f S"ct$n 8 4A54)5 f RA 907, not 'ecause it is not related to the dischare of her duties, 'ut 'ecause fa$l(!" t a)$&" )y th" n!s f cn&(ct (n&"! sa$& S"ct$n, $n !"lat$n t $ts $'l""nt$n% !(l"s, $s nt a %!(n& f! &$sc$'l$na!y act$n. Rule 6 of the 7RR provides the rounds for disciplinar& action.1 (he provision in RA *+1 merel& enunciates >professionalism as an ideal norm of conduct to 'e o'served '& pu'lic servants, in addition to commitment to pu'lic interest, 4ustness and sincerit&, political
neutralit&, responsiveness to the pu'lic, nationalism and patriotism, commitment to democrac& and simple livin. :ollowin this perspective, the 7RR mandates the rant of incentives and rewards to officials and emplo&ees who demonstrate e$emplar& service and conduct. (hose who fail to do so cannot e$pect the same favora'le treatment. &"cla!"& (nla-f(l ! '!h$)$t"& )y th" C&".> R(l" = s'"c$f$cally "nt$ns at l"ast t-"nty th!"" 4675 acts ! $ss$ns as %!(n&s f! a&$n$st!at$*" &$sc$'l$na!y act$n. Fa$l(!" t a)$&" )y th" n!s f cn&(ct (n&"! S"ct$n 84)5 f R.A. N. 907 $s nt n" f th". %ence, Samson cannot 'e held lia'le for violatin Sec. /A/' of RA *+1. ISSUE /8: 12N Sasn $s l$a)l" f! %!a*" $scn&(ct, a %!(n& f! &$sc$'l$na!y act$n (n&"! RA 907 4NO5 RATIO /8: Misconduct is a transression of some esta'lished and definite rule of action, more particularl&, unlawful 'ehavior or ross nelience '& a pu'lic officer. (he misconduct is rave if it involves an& of the additional elements of corruption, willful intent to violate the law or to disreard esta'lished rules, which must 'e proved '& su'stantial evidence. )therwise, the misconduct is onl& simple. )ne cannot 'e found uilt& of misconduct in the a'sence of su'stantial evidence. 7n this case, Restrivera failed to prove Samson!s violation of an esta'lished and o definite rule of action or unlawful 'ehavior or ross nelience, and an& of the aravatin elements of corruption, o willful intent to violate a law or to disreard esta'lished rules on the part of petitioner. 7n fact, Restrivera could merel& point to Samson!s alleed failure to o'serve the mandate that pu'lic office is a pu'lic trust when she alleedl& meddled in an affair that 'elons to another aenc& and received an amount for undelivered wor#. (rue, pu'lic officers and emplo&ees must 'e uided '& the principle enshrined in the Constitution that pu'lic office is a pu'lic trust. %owever, the alleation that she meddled in an affair that 'elons to another aenc& is a serious 'ut unproven accusation. Restrivera did not even sa& what acts of o interference were done, or which overnment aenc& was interfered with. And causin the surve& of the land could not 'e considered as meddlin in another aenc&!s affairs, as there is no showin that Samson made an illeal deal or an& deal with an& overnment aenc&. (he surve& shows onl& that Samson contracted a surve&or, and that Samson •
•
•
•
•
•
•
1
S5C(7) 1. 7n addition to the rounds for administrative disciplinar& action prescri'ed under e$istin laws, the acts and omissions of an& official or emplo&ee, whether or not he holds office or emplo&ment in a casual, temporar&, hold9over, permanent or reular capacit&, declared unlawful or prohi'ited '& the Code, shall constitute rounds for administrative disciplinar& action, and without pre4udice to criminal and civil lia'ilities provided herein, such as/a @irectl& or indirectl& havin financial and material interest in an& transaction re3uirin the approval of his office. $ $ $. /' )wnin, controllin, manain or acceptin emplo&ment as officer, emplo&ee, consultant, counsel, 'ro#er, aent, trustee, or nominee in an& private enterprise reulated, supervised or licensed '& his office, unless e$pressl& allowed '& law /c 5nain in the private practice of his profession unless authori?ed '& the Constitution, law or reulation, provided that such practice will not conflict or tend to conflict with his official functions /d Recommendin an& person to an& position in a private enterprise which has a reular or pendin official transaction with his office, unless such recommendation or referral is mandated '& /1 law, or /2 international areements, commitment and o'liation, or as part of the functions of his office $$$$ /e @isclosin or misusin confidential or classified information officiall& #nown to him '& reason of his office and not made availa'le to the pu'lic, to further his private interests or ive undue advantae to an&one, or to pre4udice the pu'lic interest /f Solicitin or acceptin, directl& or indirectl&, an& ift, ratuit&, favor, entertainment, loan or an&thin of monetar& value which in the course of his official duties or in connection with an& operation 'ein reulated '&, or an& transaction which ma& 'e affected '& the functions of, his office. $ $ $. $$$$ / )'tainin or usin an& statement filed under the Code for an& purpose contrar& to morals or pu'lic polic& or an& commercial purpose other than '& news and communications media for dissemination to the eneral pu'lic /h Bnfair discrimination in renderin pu'lic service due to part& affiliation or preference /i @islo&alt& to the Repu'lic of the Philippines and to the :ilipino people /4 :ailure to act promptl& on letters and re3uest within fifteen /1" da&s from receipt, e$cept as otherwise provided in these Rules /# :ailure to process documents and complete action on documents and papers within a reasona'le time from preparation thereof, e$cept as otherwise provided in these Rules /l :ailure to attend to an&one who wants to avail himself of the services of the office, or to act promptl& and e$peditiousl& on pu'lic personal transactions /m :ailure to file sworn statements of assets, lia'ilities and net worth, and disclosure of 'usiness interests and financial connections and
•
•
/n :ailure to resin from his position in the private 'usiness enterprise within thirt& /0 da&s from assumption of pu'lic office when conflict of interest arises, and-or failure to divest himself of his shareholdins or interests in private 'usiness enterprise within si$t& /*0 da&s from such assumption of pu'lic office when conflict of interest arises Provided , however, that for those who are alread& in the service and a conflict of interest arises, the official or emplo&ee must either resin or divest himself of said interests within the periods herein9a'ove provided, rec#oned from the date when the conflict of interest had arisen.
PUB OFF: WEEK 5B │ 2
started to wor# on her tas# under their areement. (hus, the alleation that Samson received an amount for undelivered wor# is not entirel& correct. Rather, Samson failed to full& accomplish her tas# in view of the leal o'stacle that the land is overnment propert&. ISSUE /? 4MAIN5: 12N Sasn $s l$a)l" f! cn&(ct (n)"c$n% a '()l$c ff$c"! 4YES5 RATIO /?: As found '& the CA and )m'udsman, Samson still failed to return the amount even after the transaction was a'orted. 7f Samson was persistent in returnin it, there would have 'een no need for the parties! areement that she 'e iven until :e'ruar& 28, 200 to pa& said amount includin interest. 7ndeed, her 'elated attempt to return the amount was intended to avoid possi'le sanctions and impelled solel& '& the filin of the estafa case aainst her. F! !"n"%$n% n h"! '!$s" t !"t(!n af!"sa$& a(nt, Sasn $s %($lty f cn&(ct (n)"c$n% a '()l$c ff$c"!. 7n oson v. Macapaal, it was ruled that the o respondents were uilt& of conduct un'ecomin of overnment emplo&ees when the& reneed on their promise to have pertinent documents notari?ed and su'mitted to the DS7S after the complainant!s rihts over the su'4ect propert& were transferred to the sister of one of the respondents. •
•
Recentl&, in amsani9Rodriue? v. )n, et al., it was stated that un'ecomin conduct means improper performance and applies to a 'roader rane of transressions of rules not onl& of social 'ehavior 'ut of ethical practice or loical procedure or prescri'ed method. (he SC has often declared that any act that falls sh!t f th" "#act$n% stan&a!&s f! '()l$c ff$c" shall nt )" c(nt"nanc"&. (he Constitution provides S5C(7) 1. Pu'lic office is a pu'lic trust. Pu'lic officers and emplo&ees with utmost responsi'ilit&, interit&, lo&alt&, and efficienc&, act with patriotis Samson should have complied with her promise to return the amount after failin to accomplish the tas# she had willinl& accepted. %owever, she waited until she was sued for estafa, thus reinforcin the suspicion that she misappropriated the mone&. Althouh the element of deceit was not proven in the criminal case respondent filed aainst the petitioner, it is clear that '& her actuations, Samson violated 'asic social and ethical norms in her private dealins. E*"n $f (n!"lat"& t h"! &(t$"s as a '()l$c ff$c"!, h"! t!ans%!"ss$n c(l& "!&" th" '()l$c+s t!(st $n %*"!n"nt "'ly""s, !" s )"ca(s" sh" hl&s a h$%h 's$t$n $n th" s"!*$c" . Penalt& P1"# fine, 'ecause her + &ears of service in overnment is a mitiatin circumstance. Also, the amount of P"0# should 'e returned with interest. DISPOSITION • CA decision set aside. o
•
•
•
•
PUB OFF: WEEK 5B │ 3
View more...
Comments
