CSC clears Passi engineer, orders reinstatement
The Civil Service Commission (CSC) has reversed the dismissal order of former Passi City Mayor Elyzer Chavez against City Engineer Mary Jean L. Quiling thereby exonerating the latter of the offenses of grave misconduct and dishonesty.
CSC through Resolution No. 101029 dated June 1, 2010 and signed by CSC Chairman Francisco Duque III and Commissioners Mary Ann Fernandez-Mendoza and Cesar Buenaflor ordered Quiling’s reinstatement “with payment of back salaries and other benefits from the time of her dismissal up to her actual reinstatement.”
Quiling was dismissed by Chavez on July 15, 2008 for grave misconduct and dishonesty based on the complaint filed by a certain Leonarie Tagnong.
Tagnong accused Quiling of allegedly submitting a false certification in support of her appointment as city engineer and of discrepancies in her daily time records on various dates and entries in the logbook.
Tagnong claimed that Quiling submitted a certification purportedly issued by Engr. Inocentes Vinson Sr. of the Office of the City Engineer, City of Iloilo for the approval of her permanent appointment. Subsequently, however, Tagnong alleged that Engr. Vinson denied his signature in the said certification thereby “denying the statement therein that (Quiling) has been an apprentice at the Office of the City Engineer...”
In its investigation however, the CSC ruled that “(t)he private complainant did not adduce any other convincing evidence to prove that, indeed, Quiling committed the falsification and dishonesty as charged. The affidavit and the certification are not enough to convince the Commission that Quiling is the author of the certification in question.”
The CSC ruling added: “(there) is nothing in the records that established the fact that Quiling knew of the existence of the alleged certification.
Noteworthy, she is not even the records keeper of the 201 files of the employees. As such, she cannot be guilty as charged.”
Citing CSC Resolution No. 09-1002 dated July 13, 2009 stating that “(t)he well-entrenched rule is that a finding of guilt in an administrative case would have to be sustained for as long as it is supported by substantial evidence that the respondent has committed the acts stated in the complaint or formal charge...”, the CSC ruling said that “the finding of guilt made by Mayor Chavez has not been supported by substantial evidence. Hence, the Commission cannot sustain such finding of guilt.”
Further, the CSC ruled that the allegation of discrepancy in Quiling’s DTRs and logbook entries did not have factual basis and thus, “there was no falsification committed.”
