The Supreme Court partially granted the petition of Melencio E. Corpuz, a school principal earlier dismissed from service for grave misconduct, and instead found him administratively liable for two counts of simple misconduct and one count of simple neglect of duty. The Court ordered him suspended from office for six months.
In its ruling, the Court affirmed with modification the Decision dated April 5, 2019 and the Resolution dated June 17, 2020 of the Court of Appeals in CA-G.R. SP No. 148598.
The Case
Respondents Radamalyn F. Cardoza, Jonathan D. Dela Cruz, Edena Palomo Vda. De Solano, Jerry B. Canaveral, and Jerry R. Gregorio filed a Complaint Affidavit against Corpuz before the Office of the Ombudsman for violation of Republic Act No. 3571 and grave misconduct.
According to the complaint, sometime in 2008, Corpuz, during his term as principal of Bagong Sikat Elementary School (BSES), ordered the cutting of a mahogany tree inside the school compound without the requisite permit. The respondents claimed the freshly cut lumber was used in constructing his house. They also alleged that Corpuz demolished the five-classroom building of BSES without a demolition order, and that materials, including iron grills from the windows, were brought home and used for his own windows. They added that he took an iron pipe from the school's artesian well and used it as a post in the veranda of his house.
The respondents further alleged that in December 2014, Corpuz ordered the cutting of 12 trees of various kinds inside the compound of San Jose Pilot Elementary School (SJPES) without a permit from the Director of Parks and Wildlife. They claimed some cut trees were used for teachers' cabinets, some were sold with the proceeds pocketed, others were sold to Lopez Bakery as firewood, and still others were transported to his home and converted into charcoal.
In his Counter-Affidavit, Corpuz contended that he secured the necessary permits from the Department of Environment and Natural Resources and the Municipal Engineer of San Jose before cutting the trees and demolishing the building. He maintained the wood was used to produce 50 armchairs and other school furniture and to pay the chainsaw operator, and that the five-classroom building was already damaged and needed immediate demolition.
In a Decision dated June 15, 2016, the Ombudsman found Corpuz guilty of grave misconduct, simple neglect of duty, and simple misconduct, and dismissed him from service with accessory penalties. His motion for reconsideration was denied in an Order dated August 23, 2016.
The Issue
The question was whether Corpuz should be held administratively liable for grave misconduct, or whether the qualifying elements of corruption, willful intent to violate the law, or flagrant disregard of established rules were established by substantial evidence.
The Ruling
The Court found that, absent any showing of personal gain, demand, or conversion on the part of Corpuz, the Ombudsman's conclusion that he profited from the proceeds of the sale could not be sustained. Corpuz admitted to selling the cut trees to Lopez Bakery but failed to observe the proper procedures in handling the proceeds. In the Court's view, his infraction amounted only to simple misconduct.
The dispositive portion reads: "ACCORDINGLY, the Petition is PARTIALLY GRANTED. The Decision dated April 5, 2019 and the Resolution dated June 17, 2020 of the Court of Appeals in CA-G.R. SP No. 148598 are AFFIRMED with MODIFICATION. Petitioner Melencio E. Corpuz is found GUILTY of two counts of simple misconduct and one count of simple neglect of duty. He is ORDERED suspended from office for a period of six months."
The Court added that if the suspension can no longer be enforced due to Corpuz's supervening separation from service, the penalty shall be converted into a fine equivalent to his salary for six months, deductible from his retirement benefits, accrued leave credits, or any receivables.
By the Numbers
- G.R. No. 253422
- Wood sold to Lopez Bakery: PHP2,800.00 total
- 12 trees cut at SJPES in December 2014
- 50 armchairs claimed produced from the wood
- Penalty: suspension for six months
- Ombudsman Decision dated June 15, 2016; Order dated August 23, 2016
- CA Decision dated April 5, 2019; Resolution dated June 17, 2020
The Court's Reasoning
The Court explained that grave misconduct is not mere failure to comply with the law; the failure must be deliberate and done to secure benefits for the offender or another person. Citing Yamson v. Castro, it stressed that to be disciplined for grave misconduct, evidence must be competent and derived from direct knowledge, independent of the failure to comply with rules.
The Court noted that lumber was distributed among SJPES teachers for constructing cabinets and bookshelves, supported by certifications executed by several teachers attesting they received lumber to convert into classroom furniture. Referring to Office of the Ombudsman v. Miedes, Sr., the Court observed that respondents in that case were held liable only for simple misconduct absent substantial evidence of corrupt intent or flagrant disregard of rules.
The statement of Lopez, standing alone, was insufficient to prove corrupt motive. When the elements of corruption, willful intent to violate the law, or flagrant disregard of rules are absent, the misconduct is classified as simple, not grave. Applying the RRACCS, the additional offenses were treated as aggravating circumstances, while Corpuz's status as a first-time offender served as a mitigating circumstance, resulting in a six-month suspension.
Source: Supreme Court Decision in G.R. No. 253422.
This report summarizes a public Supreme Court decision and is not legal advice.