OFFICE OF THE OMBUDSMAN V. CORONEL - CASE DIGEST - CONSTITUTIONAL LAW

Kenzo
OFFICE OF THE OMBUDSMAN V. CARMENCITA CORONEL G.R. No. 164460, June 27, 2006

FACTS:

Respondent Carmencita D. Coronel is a Senior Accounting Processor B with Salary Grade 10 of the Linamon Water District, Lanao del Norte. On September 26, 1997, the Board of Directors of Linamon Water District, by virtue of Resolution No. 056[,] Series of 1997, designated [respondent] as Officer-in-Charge, effective October 1, 1997 until a General Manager shall have been appointed.

In the morning of October 14, 1998, respondent called for a meeting the officers of the different Water Districts in Lanao del Norte and Lanao del Sur, as well as their advisors from the Local Water Utilities Administration (LWUA). Since it was nearing lunchtime, the group opted to continue their meeting at Marvillas Store at Barangay Bunu-un, Iligan City. The luncheon meeting, attended by more or less ten (10) persons, was presided over by Advisor Rhodora Gumban of the LWUA. As the host of the said meeting, [respondent] paid for the lunch in the amount of One Thousand Two [H]undred Thirteen [P]esos (P1,213.00), as shown in cash Invoice No. 0736 dated October 14, 1998.

On November 13, 1998, respondent claimed for reimbursement of her expenses covered by Voucher No. 98-11-23, chargeable against the representation and entertainment account of her office. That very same day, the voucher was approved and [respondent] got her reimbursement in the amount of One Thousand Two Hundred Thirteen Pesos (P1,213.00).



On November 17, 1998, Pedro C. Sausal, Jr. was appointed General Manager of Linamon Water District. On February 1999, he filed with the Office of the Ombudsman-Mindanao a sworn letter-complaint against herein [respondent] for dishonesty. The case was docketed as Case No. OMB-MIN-ADM 99-044. The complaint alleges that [respondent] falsified the cash invoice she submitted for reimbursement by making it appear that the luncheon bill was for One Thousand Two [H]undred Thirteen [P]esos (P1,213.00) when in fact, it was only Two [H]undred Thirteen [P]esos (P213.00), as reflected in the photocopy of the original duplicate of cash invoice No. 0736 dated October 14, 1998.

On November 27, 2000, Grace H. Morales, Graft Investigation Officer I of the OMB-Mindanao, Davao City, rendered a decision holding that respondent CARMENCITA D. CORONEL is guilty of DISHONESTY and is hereby DISMISSED from the service, with forfeiture of all leave credits and retirement benefits, pursuant to Section 22 (a) in relation to Sec. 9 of Rule XIV of the Omnibus Rules Implementing Book V of the Administrative Code of 1987. She is disqualified from re-employment in the national and local governments, as well as in any agency, including government-owned or controlled corporations.

Respondent filed for MR to the Graft Investigation Officer and such motion was granted.

Herein, petitioner Ombudsman Aniano Desierto DISAPPROVED the above order with a marginal note, the original decision stands.

The appellate court reinstated the decision of the Graft Investigation Officer where it nullified petitioner Ombudsman’s Disapproval Order.

The appellate court said that the OMBs disapproval was tainted with grave abuse of discretion. First, petitioner ombudsman did not consider the credible evidence presented by respondent in her Motion for Reconsideration. Second, he did not give any justification for his disapproval of the investigating officers ruling. This shortcoming was in contravention of the constitutional mandate that all decisions, even if rendered by quasi-judicial and administrative bodies, should clearly and distinctly state the facts and the law on which they are based.

ISSUE:

WON the Ombudsman committed grave injustice for not considering the evidence presented by respondent in her Motion for Reconsideration.

HELD:

YES. The SC find the evidence presented by the complainant insufficient to support his serious charge that she was dishonest.

The original Decision of the ombudsman was not supported by the evidence, but was grounded entirely on speculations, surmises and conjectures.

The evidence of the prosecution consisted merely of the original Official Receipt (OR) No. 0736, and a photocopy of the original duplicate of that receipt. The first was a bill for P1,213; and the latter, for P213. Both pieces of evidence refer to one and the same Official Receipt; yet, they contain different amounts. Obviously, one of them was falsified. Unfortunately, Complainant Sausal, Jr., failed to prove that it was indeed respondents receipt that was falsified. As it stands, we do not know for certain if the number 1 was inserted in OR No. 0736 or was deleted from the unauthenticated photocopy of the original duplicate. The evidence is equivocal. Besides, given that there were 8 to 10 attendees in the luncheon meeting, a bill of P1,213 for meals was not entirely improbable, even in 1998.





In administrative cases, the quantum of proof necessary for a finding of guilt is substantial evidence; that is, such relevant evidence that a reasonable mind might accept as adequate to support a conclusion. In the instant case, the complainant did not present evidence to support his theory that the photocopy of the original duplicate reflected the true amount, or that OR No. 0736 had indeed been falsified. That oversight was fatal to the discharge of his burden of proof. A reasonable mind will not carelessly jump to the conclusion that respondent is the guilty party.

The complainants evidence to prove falsification consisted of an unauthenticated photocopy of the original duplicate. He could have obtained an affidavit from the restaurant proprietor or employee who had issued the receipt, in order to attest to its due execution and authenticity. Absent any proof of due execution and authenticity, the alleged photocopy of the original duplicate of OR No. 0736 does not convince us that it is an accurate reflection of the actual bill incurred.

While this Court adheres to a liberal view of the conduct of proceedings before administrative agencies, it also consistently requires some proof of authenticity or reliability as a condition for the admission of documents. Absent any such proof of authenticity, the photocopy of the original duplicate should be considered inadmissible and, hence, without probative value.

Given the flimsy charge and the paucity of the evidence against respondent, there is no need for her to present additional evidence to vindicate herself. The Office of the Ombudsman should have dismissed the Administrative Complaint against her in the first place. Clearly, her guilt was not proven by substantial evidence.

Thus, Respondent Carmencita D. Coronel is hereby EXONERATED of the charge against her for lack of substantial evidence.


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