IN RE: ADMINISTRATIVE CASE vs. JOAN G. REGALADO, MERLY G. OCLADINA, MA.

STELLA T. HILOMEN, JOSEFA M.F DAIGDIGAN

COA DECISION NO. 2014-017, DATED FEB 07 2014
Section 46
Grave Misconduct is punishable by dismissal in its first offense (Section 46 [A3] RRACCS)
The imposable penalty shall be dismissal which, being an indivisible penalty, does not accept
mitigating circumstances.
However, in the case at bar the Commission citing Pat-og Sr. vs. Civil Service Commission
(G.R. No. 198755, June 5, 2013) where the Supreme Court found petitioner guilty of Grave
Misconduct but meted upon him only the penalty of suspension instead of dismissal from the
service, extended the same leniency to herein Respondents. Thus instead of dismissal from the
service, only imposed the penalty of suspension of one (1) year without pay.
IN RE: ADMINISTRATIVE CASE vs. MS. REBECCA J MATAYA
COA DECISION NO. 2014-018, DATED FEB 07 2014
Section 46
Section 50
Grave Misconduct is punishable by dismissal in its first offense (Section 46 [A3] RRACCS)
while Conduct Prejudicial to the Best Interest of the Service is punishable by suspension of six
(6) months and one (1) day to one (1) year also in its first commission (Section 46 [D8]
RRACCS)
Pursuant to Section 50 of the RRACCS:
Section 50. Penalty for the Most Serious Offense. - If the respondent is found guilty
of two (2) or more charges or counts, the penalty to be imposed should be that corresponding to
the most serious charge and the rest shall be considered as aggravating circumstances.
The imposable penalty shall be dismissal which, being an indivisible penalty, does not accept
mitigating circumstances.
However, in the case at bar the Commission citing Pat-og Sr. vs. Civil Service
Commission (G.R. No. 198755, June 5, 2013) where the Supreme Court found
petitioner guilty of Grave Misconduct but meted upon him only the penalty of
suspension instead of dismissal from the service, extended the same leniency to
Ms. Mataya for having rendered twenty-nine (29) years to the Commission and it
being her first offense imposed the penalty only of one (1) year suspension without
pay.
IN RE: ADMINISTRATIVE CASE vs. ELPIDIO COLOMA

COA DECISION NO. 2014-019, DATED FEB 07 2014

Section 46
Section 50
Section 49
Grave Misconduct is punishable by dismissal in its first offense (Section 46 [A3] RRACCS)
while Conduct Prejudicial to the Best Interest of the Service is punishable by suspension of six
(6) months and one (1) day to one (1) year also in its first commission (Section 46 [D8]
RRACCS) and Violation of reasonable office rules and regulations is punishable by reprimand
for the first offense; suspension of one (1) to thirty (30) days for the second offense; and
dismissal from the service for the third offense (Section 46 [F3] RRACCS)
Pursuant to Section 50 of the RRACCS:
Section 50. Penalty for the Most Serious Offense. - If the respondent is found guilty
of two (2) or more charges or counts, the penalty to be imposed should be that corresponding to
the most serious charge and the rest shall be considered as aggravating circumstances.
While waiver to a formal investigation is not a mitigating circumstance, this Commission has
accorded such option before, for it saves the government time and resources.
Following Section 50 of the RRACCS, Mr. Coloma would be penalized with the penalty for
Grave Misconduct with three (3) aggravating circumstances of 1) guilt in Conduct Prejudicial to
the Best Interest of the Service, 2) guilt Violation of Reasonable Office Rules and Regulations,
and 3) Second offense as analogous circumstance. Mitigating circumstances of length of
service and waiver of formal investigation are, however, appreciated in his favor.
Applying Section 49 (d) of the RRACCS, Mr. Coloma shall be meted the penalty of one (1)
year suspension without pay. He is also directed to refund immediately the cell card allowance
he received from the Provincial Government of Cagayan and the Municipality of Aparri.
IN RE: ADMINISTRATIVE CASE vs. ABAGAEL A. JOSE
COA DECISION NO. 2014-020, DATED FEB 07 2014
Section 46
Section 47
Simple Misconduct shall be punishable by suspension of one (1) month and one (1) day
suspension to six (6) months for the first offense; and dismissal from the service for the second
offense (Section 46 [D2] RRACCS)
Considering, however, that Respondent has already resigned although without proper clearance
as shown from her Service Record in this Commission, a penalty of fine equivalent to his salary

shall be appropriate, pursuant to Section 47 (2) of the RRACCS. Said fine shall be charged
against whatever amount is due her arising from her terminal leave pay.
Considering that she is already resigned, she is hereby meted the penalty of fine equivalent to
one (1) month salary to be deducted from whatever amoung is due her from her terminal leave
pay.
IN RE: ADMINISTRATIVE CASES vs. RODULFO C. VERSON, MYRNA P. UNABIA, VILLIE O.
SATUR, MA. CECILIA LL. PANTOJA, MELODIA B. MELECIO, ANAVELLA N. FRANCISCO,
CHIRIACO G. FERNANDEZ, SEMADAR R. FERMANO, MARIA CECILLE A. DOSDOS
COA DECISION NO. 2014-029, DATED FEB 17 2014