FIRST DIVISION
G.R. No. 237522, June 30, 2020
NATIONAL BUREAU OF INVESTIGATION, PETITIONER, V. CONRADO M. NAJERA, RESPONDENT.
R E S O L U T I O N
LOPEZ, J.:
The administrative liability arising from an improper raid operation is the main issue in this Petition for Review on Certiorari under Rule 45 of the Rules of Court assailing the Court of Appeals' (CA) Decision1 dated May 24, 2017 in CA-G.R. SP No. 144884, which modified the findings of the Office of the Ombudsman.
WHEREFORE, respondent Conrado M. Najera is found guilty of Grave Miseonduct and is meted the penalty of Dismissal from the service, together with its accessory penalties. In the event that the penalty of Dismissal can no longer be enforced due to respondent's separation from the service, the same shall be converted into a fine in the amount equivalent to his salary for one (1) year, payable to the Office of the Ombudsman, and may be deductible from the retirement benefits, accrued leave credits or any receivables by the respondent Conrado M. Najera from his office. It shall be understood that the accessory penalties attached to the principal penalty of Dismissal shall continue to be imposed.Unsuccessful at a reconsideration,9 Conrado elevated the case to the CA docketed as CA-G.R. SP No. 144884. Conrado argued that the Ombudsman merely affirmed the NBI's bare allegations on the supposed extortion and lack of authority from his supervisor.10 On May 24, 2017, the CA partly granted the appeal and downgraded Conrado's liability to simple misconduct. It held that the supposed robbery and extortion were unsubstantiated. Also, it gave credence to the claim that Conrado communicated the operation with Chief Peneza. Otherwise, the supervisor would have been the first to castigate an agent for the oversight. Notably, Chief Peneza did not participate in the investigation which is fatal to NBI's case. Yet, the CA affirmed the Ombudsman's finding that Conrado performed the raid without coordinating it with the other concerned agencies. Accordingly, it suspended Conrado from the service for a period of three months absent proof that his violation was flagrant, viz.: ChanRoblesVirtualawlibrary
The administrative charge against respondents Frederick G. Liwag. Wilson M. Monton and Joel F. Respeto are hereby DISMISSED.
SO ORDERED.8cralawlawlibrary
WHEREFORE, premises considered, the instant Petition for Review is PARTIALLY GRANTED. Accordingly, the Decision dated 29 December 2015 and Joint Order dated 12 February 2016 are MODIFIED in that petitioner is merely found GUILTY of SIMPLE MISCONDUCT and is SUSPENDED for three (3) months without pay. If the penalty of suspension can no longer be served, the alternative penalty of fine equivalent to three (3) months salary of petitioner shall be imposed.The NBI sought reconsideration but was denied. Hence, this petition. The NBI maintained that the Ombudsman's findings of facts must be respected. There is substantial evidence to support that Conrado extorted money and that he acted without authority from his supervisor and prior coordination with relevant agencies.11
SO ORDERED.
Going by what appears on the record. Chief Peneza may have chosen to remain tight-lipped and disassociate himself from petitioner in exchange for a free pass for any liability or accountability despite obviously being ultimately responsible for the conduct of his men, including petitioner. Regardless, We are fairly convinced that Chief Peneza either categorically gave his go-signal to petitioner or acquiesced to petitioner's plan.Nevertheless, Conrado is not completely absolved from any administrative liability. It is undisputed that Conrado did not bother to inform the Anti-Human Trafficking Division about the raid. This infringed the implementing rules and regulations22 of Republic Act No. 9208 or the Anti-Trafiicking in Persons Act of 2003 which explicitly provide the responsibility of the NBI to coordinate closely with all the member of the Inter-Agency Council Against Trafficking for the effective detection and investigation of suspected traffickers. Also, when necessary, it must share intelligence information on suspected traffickers to all Council member agencies.23 Likewise, Conrado transgressed the implementing rules and regulations24 of Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004 which specified the duty of the NBI to closely coordinate with all the members of the Inter-Agency Council on Violence against Women and their Children for the effective detection and investigation of suspected perpetrators.25
Otherwise, he would have been the first one to castigate petitioner for his oversight.21cralawlawlibrary
Endnotes:
1Rollo, pp. 9-21; penned by Associate Justice Rodil V. Zalameda (now a Member of this Court), with the concurrence of Associate Justices Sesinando E. Villon and Ma. Luisa Quijano-Padilla.
2Id. at 10-12.
3Id. at 136-137.
4Id. at 11-12.
5Id. at 16.
6 Id. at 134-135. 138-156.
7Id. at 97-103.
8Id. at 102.
9Id. at 104-112, 113-133.
10Id. at 68-95.
11Id. at 28-45
12Gatan v. Vinarao, G.R. No. 205912, October 18, 2017, 842 SCRA 602; Heirs of Villanueva v. Heirs of Mendoza, 810 Phil. 172 (2017); and Bacsasar v. Civil Service Commission, 596 Phil. 858 (2009).
13 Office of the Ombudsman v. De Villa, 760 Phil. 937 (2015); Miro v. Vda. de Erederos, 721 Phil. 772 (2013); Office of the Ombudsman v. Dechaves, 721 Phil. 124 (2013).
14 In Office of the Ombudsman v. Manalaslas, 791 Phil. 557 (2016), we ruled that the standard of substantial evidence is satisfied when there is a reasonable ground to believe, based on the evidence presented, that the respondent is responsible for the misconduct complained of. It need not be overwhelming or preponderant, as is required in an ordinary civil case, or evidence beyond reasonable doubt, as is required in a criminal case, but the evidence must be enough for a reasonable mind to support a conclusion; see also Aldecoa-Delorino v. Abellanosa, A.M. No. P-08-2472, October 19, 2010, 633 SCRA 448, 462.
15Santos v. Tanciongco. A.M. No. MTJ-06-1631, September 30, 2008, 567 SCRA 134; and Kilat v. Macias, A.M. No. RTJ-05-1960, October 25, 2005. 474 SCRA 101.
16Bruselas, Jr. v. Mallari A.C. No. 9683, IPI No. 17-250-CA-J, IPI No. 17-251-CA-J, et al., February 21, 2017.
17Tan v. Usman, A.M. No. RTJ-14-2390, August 13. 2014, 723 SCRA 623, 628.
18Uichico v. National Labor Relations Commission. 339 Phil. 242 (1997).
19OCA v. Larida. Jr., 729 Phil. 21 (2014).
20Rollo. p. 17.
21Id. al 16.
22 Approved on September 17, 2003
23 R.A. No. 9208, Sec. 18(g).
24 Approved on September 21, 2004.
25 R.A. No. 9262, Sec. 61(k).
26Re: Complaint of Leonardo A. Velasco against Associate Justices Francisco H. Villaruz, Jr., Alex L. Quiroz, and Samuel R. Martires, 701 Phil. 455 (2013); see also Office of the Ombudsman v. Apolonio, 683 Phil. 553 (2012); Seville v. Commission on Audit, 699 Phil. 27 (2012); Office of the Ombudsman v. Reyes, 674 Phil. 416 (2011); Salazar v. Barriga, 550 Phil. 44 (2007); Vertudes v. Buenaflor, 514 Phil. 399 (2005); Civil Service Commission v. Belagan, 483 Phil. 601 (2004).
27 See Benong-Linde v. Lomantas, A.M. No. P-18-3842, June 11, 2018, 866 SCRA 46; Bureau of Internal Revenue v. Organo, G.R. No. 149549, February 26, 2004, 424 SCRA 9.
28 The Revised Rules on Administrative Cases in the Civil Service was promulgated on November 8, 2011.
29 Rule IV, Section 52(B); see also De Los Santos v. Vasquez A.M. No. P-18-3792, February 20, 2018, 856 SCRA 145; Rodriguez-Angat v. GSIS, 765 Phil. 213 (2015).
30 URACCS, Sec. 54.chanRoblesvirtualLawlibrary