Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No.

178454 March 28, 2011 FILIPINA SAMSON, Petitioner, vs. JULIA A. RESTRI ERA, Respondent. D ILLARAMA, JR., J.: Petitioner "ilipina Sa#son appeals the Decision$ dated October %$, &''( of the !ourt of )ppeals *!)+ in !),-.R. SP No. .%/&& and its Resolution& dated 0une ., &''1, den2in3 her #otion for reconsideration. The !) affir#ed the O#buds#an in findin3 petitioner 3uilt2 of violatin3 Section /*b+% of Republic )ct *R.).+ No. (1$%, other4ise 5no4n as the !ode of !onduct and thical Standards for Public Officials and #plo2ees. The facts are as follo4s6 Petitioner is a 3overn#ent e#plo2ee, bein3 a depart#ent head of the Population !o##ission 4ith office at the Provincial !apitol, Trece Martire7 !it2, !avite. So#eti#e in March &''$, petitioner a3reed to help her friend, respondent 0ulia ). Restrivera, to have the latter8s land located in !ar#ona, !avite, re3istered under the Torrens S2ste#. Petitioner said that the e9penses 4ould reach P$:',''' and accepted P:',''' fro# respondent to cover the initial e9penses for the titlin3 of respondent8s land. Ho4ever, petitioner failed to acco#plish her tas5 because it 4as found out that the land is 3overn#ent propert2. ;hen petitioner failed to return the P:',''', respondent sued her for estafa. Respondent also filed an ad#inistrative co#plaint for 3rave #isconduct or conduct unbeco#in3 a public officer a3ainst petitioner before the Office of the O#buds#an. The O#buds#an found petitioner 3uilt2 of violatin3 Section /*b+ of R.). No. (1$% and suspended her fro# office for si9 #onths 4ithout pa2. The O#buds#an ruled that petitioner failed to abide b2 the standard set in Section /*b+ of R.). No. (1$% and deprived the 3overn#ent of the benefit of co##itted service 4hen she e#bar5ed on her private interest to help respondent secure a certificate of title over the latter8s land./ <pon #otion for reconsideration, the O#buds#an, in an Order: dated March $:, &''/, reduced the penalt2 to three #onths suspension 4ithout pa2. )ccordin3 to the O#buds#an, petitioner8s acceptance of respondent8s pa2#ent created a perception that petitioner is a fi9er. Her act fell short of the standard of personal conduct re=uired b2 Section /*b+ of R.). No. (1$% that public officials shall endeavor to discoura3e 4ron3 perceptions of their roles as dispensers or peddlers of undue patrona3e. The O#buds#an held6 !ISION

9 9 9 >petitioner? ad#itted 9 9 9 that she indeed received the a#ount of P:','''.'' fro# the >respondent? and even contracted n3r. @iberato Patro#o, alle3ed @icensed -eodetic n3ineer to do the surve2s. ;hile it #a2 be true that >petitioner? did not actuall2 deal 4ith the other 3overn#ent a3encies for the processin3 of the titles of the subAect propert2, 4e believe, ho4ever, that her #ere act in acceptin3 the #one2 fro# the >respondent? 4ith the assurance that she 4ould 4or5 for the issuance of the title is alread2 enou3h to create a perception that she is a fi9er. Section /*b+ of >R.).? No. (1$% #andates that public officials and e#plo2ees shallendeavor to discourage wrong perception of their roles as dispenser or peddler of undue patrona3e. 9999 9 9 9 >petitioner8s? act to 9 9 9 restore the a#ount of >P:','''? 4as to avoid possible sanctions. 9 9 9 >d?urin3 the conciliation proceedin3s held on $B October &''& at the baran3a2 level, it 4as a3reed upon b2 both parties that >petitioner? be 3iven until &. "ebruar2 &''% 4ithin 4hich to pa2 the a#ount of P:','''.'' includin3 interest. If it 4as true that >petitioner? had available #one2 to pa2 and had been persistent in returnin3 the a#ount of >P:','''.''? to the >respondent?, she 4ould have easil2 3iven the sa#e ri3ht at that #o#ent *on $B October &''&+ in the presence of the Caran3a2 Officials.( 9 9 9. *Stress in the ori3inal.+ The !) on appeal affir#ed the O#buds#an8s Order dated March $B, &''/. The !) ruled that contrar2 to petitioner8s contentions, the O#buds#an has Aurisdiction even if the act co#plained of is a private #atter. The !) also ruled that petitioner violated the nor#s of conduct re=uired of her as a public officer 4hen she de#anded and received the a#ount of P:',''' on the representation that she can secure a title to respondent8s propert2 and for failin3 to return the a#ount. The !) stressed that Section /*b+ of R.). No. (1$% re=uires petitioner to perfor# and dischar3e her duties 4ith the hi3hest de3ree of e9cellence, professionalis#, intelli3ence and s5ill, and to endeavor to discoura3e 4ron3 perceptions of her role as a dispenser and peddler of undue patrona3e.1 Hence, this petition 4hich raises the follo4in3 issues6 $. Does the O#buds#an have Aurisdiction over a case involvin3 a private dealin3 b2 a 3overn#ent e#plo2ee or 4here the act co#plained of is not related to the perfor#ance of official dut2D &. Did the !) co##it 3rave abuse of discretion in findin3 petitioner ad#inistrativel2 liable despite the dis#issal of the estafa caseD %. Did the !) co##it 3rave abuse of discretion in not i#posin3 a lo4er penalt2 in vie4 of #iti3atin3 circu#stancesD. Petitioner insists that 4here the act co#plained of is not related to the perfor#ance of official dut2, the O#buds#an has no Aurisdiction. Petitioner also i#putes 3rave abuse of discretion on the part of the !) for holdin3 her ad#inistrativel2 liable. She

points out that the estafa case 4as dis#issed upon a findin3 that she 4as not 3uilt2 of fraud or deceit, hence #isconduct cannot be attributed to her. )nd even assu#in3 that she is 3uilt2 of #isconduct, she is entitled to the benefit of #iti3atin3 circu#stances such as the fact that this is the first char3e a3ainst her in her lon3 2ears of public service.B Respondent counters that the issues raised in the instant petition are the sa#e issues that the !) correctl2 resolved.$' She also alle3es that petitioner failed to observe the #andate that public office is a public trust 4hen she #eddled in an affair that belon3s to another a3enc2 and received an a#ount for undelivered 4or5.$$ ;e affir# the !) and O#buds#an that petitioner is ad#inistrativel2 liable. ;e hasten to add, ho4ever, that petitioner is 3uilt2 of conduct unbeco#in3 a public officer. On the first issue, 4e a3ree 4ith the !) that the O#buds#an has Aurisdiction over respondent8s co#plaint a3ainst petitioner althou3h the act co#plained of involves a private deal bet4een the#.$& Section $%*$+,$% )rticle EI of the$B.1 !onstitution states that the O#buds#an can investi3ate on its o4n or on co#plaint b2 an2 person an2 act or o#ission of an2 public official or e#plo2ee 4hen such act or o#ission appears to be ille3al, unAust, or i#proper. <nder Section $($/ of R.). No. (11', other4ise 5no4n as the O#buds#an )ct of $B.B, the Aurisdiction of the O#buds#an enco#passes all 5inds of #alfeasance, #isfeasance, and nonfeasance co##itted b2 an2 public officer or e#plo2ee durin3 hisFher tenure. Section $B$: of R.). No. (11' also states that the O#buds#an shall act on all co#plaints relatin3, but not li#ited, to acts or o#issions 4hich are unfair or irre3ular. Thus, even if the co#plaint concerns an act of the public official or e#plo2ee 4hich is not service, connected, the case is 4ithin the Aurisdiction of the O#buds#an. The la4 does not =ualif2 the nature of the ille3al act or o#ission of the public official or e#plo2ee that the O#buds#an #a2 investi3ate. It does not re=uire that the act or o#ission be related to or be connected 4ith or arise fro# the perfor#ance of official dut2. Since the la4 does not distin3uish, neither should 4e.$( On the second issue, it is 4ron3 for petitioner to sa2 that since the estafa case a3ainst her 4as dis#issed, she cannot be found ad#inistrativel2 liable. It is settled that ad#inistrative cases #a2 proceed independentl2 of cri#inal proceedin3s, and #a2 continue despite the dis#issal of the cri#inal char3es.$1 "or proper consideration instead is petitioner8s liabilit2 under Sec. /*)+*b+ of R.). No. (1$%. ;e =uote the full te9t of Section / of R.). No. (1$%6 S !. /. Norms of Conduct of Public Officials and Employees. , *)+ ver2 public official and e#plo2ee shall observe the follo4in3 as standards of personal conduct in the dischar3e and e9ecution of official duties6 *a+ Commitment to public interest. , Public officials and e#plo2ees shall al4a2s uphold the public interest over and above personal interest. )ll 3overn#ent resources and po4ers of their respective

offices #ust be e#plo2ed and used efficientl2, effectivel2, honestl2 and econo#icall2, particularl2 to avoid 4asta3e in public funds and revenues. *b+ Professionalism. , Public officials and e#plo2ees shall perfor# and dischar3e their duties 4ith the hi3hest de3ree of e9cellence, professionalis#, intelli3ence and s5ill. The2 shall enter public service 4ith ut#ost devotion and dedication to dut2. The2 shall endeavor to discoura3e 4ron3 perceptions of their roles as dispensers or peddlers of undue patrona3e. *c+ Justness and sincerity. , Public officials and e#plo2ees shall re#ain true to the people at all ti#es. The2 #ust act 4ith Austness and sincerit2 and shall not discri#inate a3ainst an2one, especiall2 the poor and the underprivile3ed. The2 shall at all ti#es respect the ri3hts of others, and shall refrain fro# doin3 acts contrar2 to la4, 3ood #orals, 3ood custo#s, public polic2, public order, public safet2 and public interest. The2 shall not dispense or e9tend undue favors on account of their office to their relatives 4hether b2 consan3uinit2 or affinit2 e9cept 4ith respect to appoint#ents of such relatives to positions considered strictl2 confidential or as #e#bers of their personal staff 4hose ter#s are coter#inous 4ith theirs. *d+ Political neutrality. , Public officials and e#plo2ees shall provide service to ever2one 4ithout unfair discri#ination and re3ardless of part2 affiliation or preference. *e+ Responsiveness to the public. , Public officials and e#plo2ees shall e9tend pro#pt, courteous, and ade=uate service to the public. <nless other4ise provided b2 la4 or 4hen re=uired b2 the public interest, public officials and e#plo2ees shall provide infor#ation on their policies and procedures in clear and understandable lan3ua3e, ensure openness of infor#ation, public consultations and hearin3s 4henever appropriate, encoura3e su33estions, si#plif2 and s2ste#ati7e polic2, rules and procedures, avoid red tape and develop an understandin3 and appreciation of the socioecono#ic conditions prevailin3 in the countr2, especiall2 in the depressed rural and urban areas. *f+ Nationalism and patriotism. , Public officials and e#plo2ees shall at all ti#es be lo2al to the Republic and to the "ilipino people, pro#ote the use of locall2,produced 3oods, resources and technolo32 and encoura3e appreciation and pride of countr2 and people. The2 shall endeavor to #aintain and defend Philippine soverei3nt2 a3ainst forei3n intrusion. *3+ Commitment to democracy. , Public officials and e#plo2ees shall co##it the#selves to the de#ocratic 4a2 of life and values,

#aintain the principle of public accountabilit2, and #anifest b2 deed the supre#ac2 of civilian authorit2 over the #ilitar2. The2 shall at all ti#es uphold the !onstitution and put lo2alt2 to countr2 above lo2alt2 to persons or part2. *h+ Simple living. , Public officials and e#plo2ees and their fa#ilies shall lead #odest lives appropriate to their positions and inco#e. The2 shall not indul3e in e9trava3ant or ostentatious displa2 of 4ealth in an2 for#. *C+ The !ivil Service !o##ission shall adopt positive #easures to pro#ote *$+ observance of these standards includin3 the disse#ination of infor#ation pro3ra#s and 4or5shops authori7in3 #erit increases be2ond re3ular pro3ression steps, to a li#ited nu#ber of e#plo2ees reco3ni7ed b2 their office collea3ues to be outstandin3 in their observance of ethical standardsG and *&+ continuin3 research and e9peri#entation on #easures 4hich provide positive #otivation to public officials and e#plo2ees in raisin3 the 3eneral level of observance of these standards. Coth the O#buds#an and !) found the petitioner ad#inistrativel2 liable for violatin3 Section /*)+*b+ on professionalis#. HProfessionalis#H is defined as the conduct, ai#s, or =ualities that characteri7e or #ar5 a profession. ) professional refers to a person 4ho en3a3es in an activit2 4ith 3reat co#petence. Indeed, to call a person a professional is to describe hi# as co#petent, efficient, e9perienced, proficient or polished.$. In the conte9t of Section / *)+*b+ of R.). No. (1$%, the observance of professionalis# also #eans upholdin3 the inte3rit2 of public office b2 endeavorin3 Hto discoura3e 4ron3 perception of their roles as dispensers or peddlers of undue patrona3e.H Thus, a public official or e#plo2ee should avoid an2 appearance of i#propriet2 affectin3 the inte3rit2 of 3overn#ent services. Ho4ever, it should be noted that Section /*)+ enu#erates the standards of personal conduct for public officers 4ith reference to He9ecution of official duties.H In the case at bar, the O#buds#an concluded that petitioner failed to carr2 out the standard of professionalis# b2 devotin3 herself on her personal interest to the detri#ent of her sole#n public dut2. The O#buds#an said that petitioner8s act deprived the 3overn#ent of her co##itted service because the 3eneration of a certificate of title 4as not 4ithin her line of public service. In den2in3 petitioner8s #otion for reconsideration, the O#buds#an said that it 4ould have been sufficient if petitioner Aust referred the respondent to the personsFofficials inchar3e of the processin3 of the docu#ents for the issuance of a certificate of title. ;hile it #a2 be true that she did not actuall2 deal 4ith the other 3overn#ent a3encies for the processin3 of the titles of the subAect propert2, petitioner8s act of acceptin3 the #one2 fro# respondent 4ith the assurance that she 4ould 4or5 for the issuance of the title is alread2 enou3h to create a perception that she is a fi9er. On its part, the !) reAected petitioner8s ar3u#ent that an isolated act is insufficient to create those H4ron3 perceptionsH or the Hi#pression of influence peddlin3.H It held that the la4 enAoins public officers, at all ti#es to respect the ri3hts of others and refrain fro# doin3 acts contrar2 to la4, 3ood custo#s, public order, public polic2,

public safet2 and public interest. Thus, it is not the pluralit2 of the acts that is bein3 punished but the co##ission of the act itself. videntl2, both the O#buds#an and !) interpreted Section /*)+ of R.). No. (1$% as broad enou3h to appl2 even to private transactions that have no connection to the duties of one8s office. ;e hold, ho4ever, that petitioner #a2 not be penali7ed for violation of Section / *)+*b+ of R.). No. (1$%. The reason thou3h does not lie in the fact that the act co#plained of is not at all related to petitioner8s dischar3e of her duties as depart#ent head of the Population !o##ission. In addition to its directive under Section /*C+, !on3ress authori7ed$B the !ivil Service !o##ission *!S!+ to pro#ul3ate the rules and re3ulations necessar2 to i#ple#ent R.). No. (1$%. )ccordin3l2, the !S! issued the Rules I#ple#entin3 the !ode of !onduct and thical Standards for Public Officials and #plo2ees *hereafter, I#ple#entin3 Rules+. Rule V of the I#ple#entin3 Rules provides for an Incentive and Re4ards S2ste# for public officials and e#plo2ees 4ho have de#onstrated e9e#plar2 service and conduct on the basis of their observance of the nor#s of conduct laid do4n in Section / of R.). No. (1$%, to 4it6 RULE . INCENTI ES AN! RE"AR!S S#STEM S !TION $. Incentives and re4ards shall be 3ranted officials and e#plo2ees 4ho have de#onstrated e9e#plar2 service and conduct on the basis of their observance of the nor#s of conduct laid do4n in Section / of the !ode, na#el26 *a+ Commitment to public interest. , 9 9 9 *b+ Professionalism. , 9 9 9 *c+ Justness and sincerity. , 9 9 9 *d+ Political neutrality. , 9 9 9 *e+ Responsiveness to the public. , 9 9 9 *f+ Nationalism and patriotism. , 9 9 9 *3+ Commitment to democracy. , 9 9 9 *h+ Simple living. , 9 9 9 On the other hand, Rule E of the I#ple#entin3 Rules enu#erates 3rounds for ad#inistrative disciplinar2 action, as follo4s6 RULE $. GROUN!S FOR A!MINISTRATI E !ISCIPLINAR# ACTION S !TION $. In addition to the 3rounds for ad#inistrative disciplinar2 action prescribed under e9istin3 la4s, the acts and o#issions of an2 official or e#plo2ee, 4hether or not he holds office or e#plo2#ent in a casual, te#porar2, hold,over, per#anent or re3ular capacit2, declared unla4ful or prohibited b2 the !ode, shall constitute 3rounds for ad#inistrative disciplinar2 action, and 4ithout preAudice to cri#inal and civil liabilities provided herein, such as6 *a+ Directl2 or indirectl2 havin3 financial and #aterial interest in an2

transaction re=uirin3 the approval of his office. 9 9 9. *b+ O4nin3, controllin3, #ana3in3 or acceptin3 e#plo2#ent as officer, e#plo2ee, consultant, counsel, bro5er, a3ent, trustee, or no#inee in an2 private enterprise re3ulated, supervised or licensed b2 his office, unless e9pressl2 allo4ed b2 la4G *c+ n3a3in3 in the private practice of his profession unless authori7ed b2 the !onstitution, la4 or re3ulation, provided that such practice 4ill not conflict or tend to conflict 4ith his official functionsG *d+ Reco##endin3 an2 person to an2 position in a private enterprise 4hich has a re3ular or pendin3 official transaction 4ith his office, unless such reco##endation or referral is #andated b2 *$+ la4, or *&+ international a3ree#ents, co##it#ent and obli3ation, or as part of the functions of his officeG 9999 *e+ Disclosin3 or #isusin3 confidential or classified infor#ation officiall2 5no4n to hi# b2 reason of his office and not #ade available to the public, to further his private interests or 3ive undue advanta3e to an2one, or to preAudice the public interestG *f+ Solicitin3 or acceptin3, directl2 or indirectl2, an2 3ift, 3ratuit2, favor, entertain#ent, loan or an2thin3 of #onetar2 value 4hich in the course of his official duties or in connection 4ith an2 operation bein3 re3ulated b2, or an2 transaction 4hich #a2 be affected b2 the functions of, his office. 9 9 9. 9999 *3+ Obtainin3 or usin3 an2 state#ent filed under the !ode for an2 purpose contrar2 to #orals or public polic2 or an2 co##ercial purpose other than b2 ne4s and co##unications #edia for disse#ination to the 3eneral publicG *h+ <nfair discri#ination in renderin3 public service due to part2 affiliation or preferenceG *i+ Dislo2alt2 to the Republic of the Philippines and to the "ilipino peopleG *A+ "ailure to act pro#ptl2 on letters and re=uest 4ithin fifteen *$:+ da2s fro# receipt, e9cept as other4ise provided in these RulesG *5+ "ailure to process docu#ents and co#plete action on docu#ents and papers 4ithin a reasonable ti#e fro# preparation thereof, e9cept as other4ise provided in these RulesG *l+ "ailure to attend to an2one 4ho 4ants to avail hi#self of the services of the office, or to act pro#ptl2 and e9peditiousl2 on public personal transactionsG *#+ "ailure to file s4orn state#ents of assets, liabilities and net 4orth, and disclosure of business interests and financial connectionsG and

*n+ "ailure to resi3n fro# his position in the private business enterprise 4ithin thirt2 *%'+ da2s fro# assu#ption of public office 4hen conflict of interest arises, andFor failure to divest hi#self of his shareholdin3s or interests in private business enterprise 4ithin si9t2 *('+ da2s fro# such assu#ption of public office 4hen conflict of interest arises6 Provided, ho4ever, that for those 4ho are alread2 in the service and a conflict of interest arises, the official or e#plo2ee #ust either resi3n or divest hi#self of said interests 4ithin the periods herein,above provided, rec5oned fro# the date 4hen the conflict of interest had arisen. In Domingo v. Office of the Ombudsman ,&' this !ourt had the occasion to rule that failure to abide b2 the nor#s of conduct under Section /*)+*b+ of R.). No. (1$%, in relation to its i#ple#entin3 rules, is not a 3round for disciplinar2 action, to 4it6 The char3e of violation of Section /*b+ of R.). No. (1$% deserves further co##ent. The provision co##ands that Hpublic officials and e#plo2ees shall perfor# and dischar3e their duties 4ith the hi3hest de3ree of e9cellence, professionalis#, intelli3ence and s5ill.H Said provision #erel2 enunciates Hprofessionalis# as an ideal nor# of conduct to be observed b2 public servants, in addition to co##it#ent to public interest, Austness and sincerit2, political neutralit2, responsiveness to the public, nationalis# and patriotis#, co##it#ent to de#ocrac2 and si#ple livin3. "ollo4in3 this perspective, Rule V of the I#ple#entin3 Rules of R.). No. (1$% adopted b2 the !ivil Service !o##ission #andates the 3rant of incentives and re4ards to officials and e#plo2ees 4ho de#onstrate e9e#plar2 service and conduct based on their observance of the nor#s of conduct laid do4n in Section /. In other 4ords, under the #andated incentives and re4ards s2ste#, officials and e#plo2ees 4ho co#pl2 4ith the hi3h standard set b2 la4 4ould be re4arded. Those 4ho fail to do so cannot e9pect the sa#e favorable treat#ent. %o&'('r, )h' I*+,'*'-).-/ R0,'1 2o'1 -o) +ro(.2' )ha) )h'3 &.,, ha(' )o 4' 1a-c).o-'2 5or 5a.,0r' )o o41'r(' )h'1' -or*1 o5 co-20c). I-2''2, R0,' $ o5 )h' I*+,'*'-).-/ R0,'1 a55.r*1 a1 /ro0-21 5or a2*.-.1)ra).(' 2.1c.+,.-ar3 ac).o- o-,3 ac)1 62'c,ar'2 0-,a&50, or +roh.4.)'2 43 )h' Co2'.6 R0,' $ 1+'c.5.ca,,3 *'-).o-1 a) ,'a1) )&'-)3 )hr'' 7289 ac)1 or o*.11.o-1 a1 /ro0-21 5or a2*.-.1)ra).(' 2.1c.+,.-ar3 ac).o-. Fa.,0r' )o a4.2' 43 )h' -or*1 o5 co-20c) 0-2'r S'c).o- 4749 o5 R.A. No. :718 .1 -o) o-' o5 )h'*. * #phasis supplied.+ !onse=uentl2, the !ourt dis#issed the char3e of violation of Section /*)+*b+ of R.). No. (1$% in that case. ;e find no co#pellin3 reason to depart fro# our pronounce#ent in Domingo. Thus, 4e reverse the !) and O#buds#an that petitioner is ad#inistrativel2 liable under Section /*)+*b+ of R.). No. (1$%. In so rulin3, 4e do no less and no #ore than appl2 the la4 and its i#ple#entin3 rules issued b2 the !S! under the authorit2 3iven to it b2 !on3ress. Needless to stress, said rules parta5e the nature of a statute and are bindin3 as if 4ritten in the la4 itself. The2 have the force and effect of la4 and enAo2 the presu#ption of constitutionalit2 and le3alit2 until the2 are set aside 4ith finalit2 in an appropriate case b2 a co#petent court.&$ Cut is petitioner nonetheless 3uilt2 of 3rave #isconduct, 4hich is a 3round for

disciplinar2 action under R.). No. (1$%D ;e also rule in the ne3ative. Misconduct is a trans3ression of so#e established and definite rule of action, #ore particularl2, unla4ful behavior or 3ross ne3li3ence b2 a public officer. The #isconduct is 3rave if it involves an2 of the additional ele#ents of corruption, 4illful intent to violate the la4 or to disre3ard established rules, 4hich #ust be proved b2 substantial evidence. Other4ise, the #isconduct is onl2 si#ple.&& !onversel2, one cannot be found 3uilt2 of #isconduct in the absence of substantial evidence. In one case, 4e affir#ed a findin3 of 3rave #isconduct because there 4as substantial evidence of voluntar2 disre3ard of established rules in the procure#ent of supplies as 4ell as of #anifest intent to disre3ard said rules.&% ;e have also ruled that co#plicit2 in the trans3ression of a re3ulation of the Cureau of Internal Revenue constitutes si#ple #isconduct onl2 as there 4as failure to establish fla3ranc2 in respondent8s act for her to be held liable of 3ross #isconduct.&/ On the other hand, 4e have li5e4ise dis#issed a co#plaint for 5no4in3l2 renderin3 an unAust order, 3ross i3norance of the la4, and 3rave #isconduct, since the co#plainant did not even indicate the particular acts of the Aud3e 4hich 4ere alle3edl2 violative of the !ode of 0udicial !onduct.&: In this case, respondent failed to prove *$+ petitioner8s violation of an established and definite rule of action or unla4ful behavior or 3ross ne3li3ence, and *&+ an2 of the a33ravatin3 ele#ents of corruption, 4illful intent to violate a la4 or to disre3ard established rules on the part of petitioner. In fact, respondent could #erel2 point to petitioner8s alle3ed failure to observe the #andate that public office is a public trust 4hen petitioner alle3edl2 #eddled in an affair that belon3s to another a3enc2 and received an a#ount for undelivered 4or5. True, public officers and e#plo2ees #ust be 3uided b2 the principle enshrined in the !onstitution that public office is a public trust. Ho4ever, respondent8s alle3ation that petitioner #eddled in an affair that belon3s to another a3enc2 is a serious but unproven accusation. Respondent did not even sa2 4hat acts of interference 4ere done b2 petitioner. Neither did respondent sa2 in 4hich 3overn#ent a3enc2 petitioner co##itted interference. )nd causin3 the surve2 of respondent8s land can hardl2 be considered as #eddlin3 in the affairs of another 3overn#ent a3enc2 b2 petitioner 4ho is connected 4ith the Population !o##ission. It does not sho4 that petitioner #ade an ille3al deal or an2 deal 4ith an2 3overn#ent a3enc2. ven the O#buds#an has reco3ni7ed this fact. The surve2 sho4s onl2 that petitioner contracted a surve2or.$ihp4a$ Respondent said nothin3 on the propriet2 or le3alit2 of 4hat petitioner did. The surve2 sho4s that petitioner also started to 4or5 on her tas5 under their a3ree#ent. Thus, respondent8s alle3ation that petitioner received an a#ount for undelivered 4or5 is not entirel2 correct. Rather, petitioner failed to full2 acco#plish her tas5 in vie4 of the le3al obstacle that the land is 3overn#ent propert2. Ho4ever, the fore3oin3 does not #ean that petitioner is absolved of an2 ad#inistrative liabilit2.

Cut first, 4e need to #odif2 the !) findin3 that petitioner de#anded the a#ount of P:',''' fro# respondent because respondent did not even sa2 that petitioner de#anded #one2 fro# her.&( ;e find in the alle3ations and counter,alle3ations that respondent ca#e to petitioner8s house in CiIan, @a3una, and as5ed petitioner if she can help respondent secure a title to her land 4hich she intends to sell. Petitioner a3reed to help. ;hen respondent as5ed about the cost, petitioner said P$:',''' and accepted P:',''' fro# respondent to cover the initial e9penses.&1 ;e a3ree 4ith the co##on findin3 of the O#buds#an and the !) that, in the after#ath of the aborted transaction, petitioner still failed to return the a#ount she accepted. )s aptl2 stated b2 the O#buds#an, if petitioner 4as persistent in returnin3 the a#ount of P:',''' until the preli#inar2 investi3ation of the estafa case on Septe#ber $., &''%,&. there 4ould have been no need for the parties8 a3ree#ent that petitioner be 3iven until "ebruar2 &., &''% to pa2 said a#ount includin3 interest. Indeed, petitioner8s belated atte#pt to return the a#ount 4as intended to avoid possible sanctions and i#pelled solel2 b2 the filin3 of the estafa case a3ainst her. "or rene3in3 on her pro#ise to return aforesaid a#ount, petitioner is 3uilt2 of conduct unbeco#in3 a public officer. In Joson v. acapagal, 4e have also ruled that the respondents therein 4ere 3uilt2 of conduct unbeco#in3 of 3overn#ent e#plo2ees 4hen the2 rene3ed on their pro#ise to have pertinent docu#ents notari7ed and sub#itted to the -overn#ent Service Insurance S2ste# after the co#plainant8s ri3hts over the subAect propert2 4ere transferred to the sister of one of the respondents.&B Recentl2, in !ssistant Special Prosecutor """ Rohermia J. Jamsani#Rodrigue$ v. Justices %regory S. Ong& et al. , 4e said that unbeco#in3 conduct #eans i#proper perfor#ance and applies to a broader ran3e of trans3ressions of rules not onl2 of social behavior but of ethical practice or lo3ical procedure or prescribed #ethod.%'$avvphi$ This !ourt has too often declared that an2 act that falls short of the e9actin3 standards for public office shall not be countenanced.%$ The !onstitution cate3oricall2 declares as follo4s6 S !TION $. Public office is a public trust. Public officers and e#plo2ees #ust at all ti#es be accountable to the people, serve the# 4ith ut#ost responsibilit2, inte3rit2, lo2alt2, and efficienc2, act 4ith patriotis# and Austice, and lead #odest lives.%& Petitioner should have co#plied 4ith her pro#ise to return the a#ount to respondent after failin3 to acco#plish the tas5 she had 4illin3l2 accepted. Ho4ever, she 4aited until respondent sued her for estafa, thus reinforcin3 the latter8s suspicion that petitioner #isappropriated her #one2. )lthou3h the ele#ent of deceit 4as not proven in the cri#inal case respondent filed a3ainst the petitioner, it is clear that b2 her actuations, petitioner violated basic social and ethical nor#s in her private dealin3s. ven if unrelated to her duties as a public officer, petitioner8s trans3ression could erode the public8s trust in 3overn#ent e#plo2ees, #oreso because she holds a hi3h position in the service. )s to the penalt2, 4e repri#anded the respondents in Joson and i#posed a fine in Jamsani#Rodrigue$. <nder the circu#stances of this case, a fine of P$:,''' in lieu

of the three #onths suspension is proper. In i#posin3 said fine, 4e have considered as a #iti3atin3 circu#stance petitioner8s %1 2ears of public service and the fact that this is the first char3e a3ainst her.%% Section :%%/ of the Revised <nifor# Rules on )d#inistrative !ases in the !ivil Service provides that #iti3atin3 circu#stances such as len3th of service shall be considered. )nd since petitioner has earlier a3reed to return the a#ount of P:',''' includin3 interest, 4e find it proper to order her to co#pl2 4ith said a3ree#ent. ventuall2, the parties #a2 even find ti#e to re5indle their friendship. "%EREFORE, 4e SET ASI!E the Decision dated October %$, &''( of the !ourt of )ppeals and its Resolution dated 0une ., &''1 in !),-.R. SP No. .%/&&, as 4ell as the Decision dated 0anuar2 (, &''/ and Order dated March $:, &''/ of the O#buds#an in OMC,@,),'%,'::&,", and ENTER a ne4 Aud3#ent as follo4s6 ;e find petitioner GUILT# of conduct unbeco#in3 a public officer and i#pose upon her a FINE of P$:,'''.'' to be paid at the Office of the O#buds#an 4ithin five *:+ da2s fro# finalit2 of this Decision. ;e also OR!ER petitioner to return to respondent the a#ount of P:','''.'' 4ith interest thereon at $&J per annu# fro# March &''$ until the said a#ount shall have been full2 paid. ;ith costs a3ainst the petitioner. SO OR!ERE!. MARTIN S. ILLARAMA, JR. )ssociate 0ustice "E CONCUR; CONC%ITA CARPIO MORALES )ssociate 0ustice !hairperson ARTURO !. <RION LUCAS P. <ERSAMIN )ssociate 0ustice )ssociate 0ustice MARIA LOUR!ES P. A. SERENO )ssociate 0ustice )TT S T)T I O N I attest that the conclusions in the above Decision had been reached in consultation before the case 4as assi3ned to the 4riter of the opinion of the !ourt8s Division. CONC%ITA CARPIO MORALES )ssociate 0ustice !hairperson, Third Division ! RT I " I !)TI O N Pursuant to Section $%, )rticle VIII of the $B.1 !onstitution and the Division !hairperson8s )ttestation, I certif2 that the conclusions in the above Decision had

been reached in consultation before the case 4as assi3ned to the 4riter of the opinion of the !ourt8s Division. RENATO C. CORONA !hief 0ustice Foo)-o)'1 $ Rollo, pp. $&(,$/&. Penned b2 Presidin3 0ustice Ruben T. Re2es *no4 a retired Me#ber of this !ourt+ 4ith the concurrence of )ssociate 0ustices 0uan K. nri=ue7 and Vicente S. . Veloso. & Id. at $/:,$/(. % S !. /. Norms of Conduct of Public Officials and Employees. , *)+ ver2 public official and e#plo2ee shall observe the follo4in3 as standards of personal conduct in the dischar3e and e9ecution of official duties6 9999 *b+ Professionalism. , Public officials and e#plo2ees shall perfor# and dischar3e their duties 4ith the hi3hest de3ree of e9cellence, professionalis#, intelli3ence and s5ill. The2 shall enter public service 4ith ut#ost devotion and dedication to dut2. The2 shall endeavor to discoura3e 4ron3 perceptions of their roles as dispensers or peddlers of undue patrona3e. / Rollo, pp. %1,%.. : Id. at /',/:. ( Id. at /&,/%. 1 Id. at $/$. . Id. at $&. B Id. at $%,$(. $' Id. at 1%. $$ Id. at 1/. $& See Santos v. Rasalan, -.R. No. $::1/B, "ebruar2 ., &''1, :$: S!R) B1, $'&. $% Section $%. The Office of the O#buds#an shall have the follo4in3 po4ers, functions, and duties6 *$+ Investi3ate on its o4n, or on co#plaint b2 an2 person, an2 act or o#ission of an2 public official, e#plo2ee, office or a3enc2, 4hen such act or o#ission appears to be ille3al, unAust, i#proper or inefficient.

9999 $/ S !. $(. !pplicability. , The provisions of this )ct shall appl2 to all 5inds of #alfeasance, #isfeasance, and nonfeasance that have been co##itted b2 an2 officer or e#plo2ee as #entioned in Section $% hereof, durin3 his tenure of office. $: S !. $B. !dministrative Complaints. , The O#buds#an shall act on all co#plaints relatin3, but not li#ited to acts or o#issions 4hich6 9999 *&+ )re 9 9 9 unfair 9 9 9G 9999 *(+ )re other4ise irre3ular 9 9 9. $( See Santos v. Rasalan, supra note $& at $'&, citin3 'as(ue$ v. )obilla# !linio, -.R. Nos. $$..$%,$/, )pril ., $BB1, &1$ S!R) (1, 1/. $1 *e+arasco& Jr. v. *uenconse+o, ).M. No. MT0,'&,$/$1, Ma2 &1, &''/, /&B S!R) &$&, &&$. $. Re2es v. Rural Can5 of San Mi3uel *Culacan+, Inc., -.R. No. $://BB, "ebruar2 &1, &''/, /&/ S!R) $%:, $//, citin3 ;ebster8s Third Ne4 International Dictionar2. $B S !. $&. Promulgation of Rules and Regulations& !dministration and Enforcement of this !ct . , The !ivil Service !o##ission shall have the pri#ar2 responsibilit2 for the ad#inistration and enforce#ent of this )ct. 9 9 9. The !ivil Service !o##ission is hereb2 authori7ed to pro#ul3ate rules and re3ulations necessar2 to carr2 out the provisions of this )ct, 9 9 9. &' -.R. No. $1($&1, 0anuar2 %', &''B, :11 S!R) /1(, /./. &$ See !ba,ada %uro Party -ist v. Purisima , -.R. No. $((1$:, )u3ust $/, &''., :(& S!R) &:$, &..,&.B, citin3 Eslao v. Commission on !udit, -.R. No. $'.%$', Septe#ber $, $BB/, &%( S!R) $($, $1:, Sierra adre .rust v. Sec. of !gr. and Natural Resources, Nos. @,%&%1' L %&1(1, )pril &', $B.%, $&$ S!R) %./ and People v. aceren, No. @,%&$((, October $., $B11, 1B S!R) /:'. && See Civil Service Commission v. -edesma, -.R. No. $:/:&$, Septe#ber %', &'':, /1$ S!R) :.B, ('%. &% Ro(ue v. Court of !ppeals, -.R. No. $1B&/:, 0ul2 &%, &''., ::B S!R) ((', (1:. &/ *ureau of "nternal Revenue v. Organo, -.R. No. $/B:/B, "ebruar2 &(, &''/, /&/ S!R) B, $1.

&: Diomampo v. !lpa+ora, ).M. No. RT0,'/,$..', October $B, &''/, //' S!R) :%/, :%B,:/'. &( Rollo, pp. &',&$, 1%,1(. &1 Id. at &1,&.. &. Id. at &%. &B ).M. No. P,'&,$:B$, 0une &$, &''&, %.% S!R) /'%, /'(,/'1. %' ).M. No. '.,$B,SC,0, )u3ust &/, &'$', p. &&. %$ PableAan v. !alleAa, ).M. No. P,'(,&$'&, 0anuar2 &/, &''(, /1B S!R) :(&, :(B. %& Sec. $ of )rticle EI of the $B.1 !onstitution. %% Rollo, p. //. %/ Sec. :%. 9 9 9 9999 A. @en3th of service in the 3overn#ent 9999 itigating / / / Circumstances.