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    Pagaduan Vs CSC

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    Miguel Lorenzo Alvarez
    Cecilia filed an administrative complaint against Rema, the Municipal Budget Officer, for falsifying her Personal Data Sheet. Rema was found liable for simple misconduct by the CSC but was later convicted by a lower court for falsifying public documents. Cecilia then filed a second complaint, this time for conviction of a crime involving moral turpitude. The Supreme Court ruled that (1) falsifying public documents does involve moral turpitude as it is dishonest and contrary to good morals, and (2) Rema's conviction prevented her from continuing in government service, as probation does not erase the fact of conviction for administrative purposes.

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    Pagaduan Vs CSC

    Uploaded by

    Miguel Lorenzo Alvarez
    430 views2 pages
    Cecilia filed an administrative complaint against Rema, the Municipal Budget Officer, for falsifying her Personal Data Sheet. Rema was found liable for simple misconduct by the CSC but was later convicted by a lower court for falsifying public documents. Cecilia then filed a second complaint, this time for conviction of a crime involving moral turpitude. The Supreme Court ruled that (1) falsifying public documents does involve moral turpitude as it is dishonest and contrary to good morals, and (2) Rema's conviction prevented her from continuing in government service, as probation does not erase the fact of conviction for administrative purposes.

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    Pagaduan vs CSC

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    Cecilia filed an administrative complaint against Rema, the Municipal Budget Officer, for falsifying her Personal Data Sheet. Rema was found liable for simple misconduct by the CSC but was later convicted by a lower court for falsifying public documents. Cecilia then filed a second complaint, this time for conviction of a crime involving moral turpitude. The Supreme Court ruled that (1) falsifying public documents does involve moral turpitude as it is dishonest and contrary to good morals, and (2) Rema's conviction prevented her from continuing in government service, as probation does not erase the fact of conviction for administrative purposes.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    430 views2 pages

    Pagaduan Vs CSC

    Uploaded by

    Miguel Lorenzo Alvarez
    Cecilia filed an administrative complaint against Rema, the Municipal Budget Officer, for falsifying her Personal Data Sheet. Rema was found liable for simple misconduct by the CSC but was later convicted by a lower court for falsifying public documents. Cecilia then filed a second complaint, this time for conviction of a crime involving moral turpitude. The Supreme Court ruled that (1) falsifying public documents does involve moral turpitude as it is dishonest and contrary to good morals, and (2) Rema's conviction prevented her from continuing in government service, as probation does not erase the fact of conviction for administrative purposes.

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    M. G.R. NO. 206379, CECILIA PAGADUAN V.

    CSC AND REMA MARTIN SALVADOR,


    NOVEMEBER 19, 2014

    Facts:

    Cecilia (Pagaduan) filed a complaint against Rema (Salvador), the Municipa


    Budget Officer of Tuguegarao City, charging the latter for falsification and
    misrepresentation when she stated in her Personal Data Sheet (PDS) that she
    possesses the necessary budgeting qualification and indicated therein that she
    performed bookkeeping and accounting functions for Veterans Woodworks from
    1990 to 1992 when she was never employed by the company. In her defense, Rema
    averred that that she was employed by Alfonso Tuzon, who was granted full
    management, direct supervision and control of Veterans Woodworks logging
    operations; her name does not appear on the VVI payroll because Tuzons office was
    independent of the original staff. Cecilia also filed a case for falsification of public
    documents before the MTCC of Tuguegarao City. On the administrative case, Rema
    was found liable for Simple Misconduct only and the CSC approved her qualification
    as it was a related field. Cecilia did not appeal this ruling. The MTCC
    subsequently convicted Rema for falsification of public documents; she did not
    appeal this ruling, instead she applied for probation which was granted by the
    MTCC.

    Consequently, Cecilia filed a second administrative complaint against Rema,


    this time for conviction of a crime involving moral turpitude. In her defense, she
    alleged res judicata, forum shopping and double jeopardy, but the case proceeded,
    and she adopted her defenses in the criminal case. After hearing, the CSC Regional
    Office found Rema liable for conviction of a crime involving moral turpitude, and
    imposed on her the penalty of dismissal from the service. On appeal to the Civil
    Service Commission, the latter reversed and set aside the CSC RO ruling. Thus
    Cecilia elevated the case to the Court of Appeals, which initially sided with her, and
    stated that following precedents, a conviction for falsification of public documents
    constitute the offence of conviction of a crime involving moral turpitude. Rema
    moved to reconsider. This time around, the CA reversed itself,ruled in favour of
    Rema and agreed with the findings of the CSC that the act of falsification committed
    by Salvador did not involve moral turpitude as it was a mere error of judgment on
    her part.

    Thus Cecilia elevated the case to the Supreme Court via petition for review on
    certiorari.

    ISSUES:
    (1) Whether Rema was convicted of a crime involving moral turpitude.

    (2) Whether her conviction and eventual discharge from probation prevent another
    administrative case to be filed against her.

    HELD: (1) YES. Not every criminal act, however, involves moral turpitude. The crime
    of falsification of public document is contrary to justice, honesty and good morals
    and therefore, involves moral turpitude.

    The court found that she made an untruthful statements in a narration of facts and
    perverted the truth with a wrongful intent.

    Considering that the principal act punished in the crime of falsification of public
    document is the violation of the public faith and the destruction of truth as therein
    solemnly proclaimed, the elements of the administrative offense of conviction of a
    crime involving moral turpitude clearly exist in this case.

    (2) NO. Probation does not erase the effects and fact of conviction, but merely
    suspends the penalty imposed.

    The purpose of the Probation Law is to save valuable human material, unlike
    pardon, probation does not obliterate the crime for which the person under
    probation has been convicted.

    The reform and rehabilitation of the probation cannot justify her in the government
    service. Furthermore, probation only affects the criminal liability of the accused and
    not her administrative liabilities, if any.

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