G.R. No. A.M. No. P-11-2907; January 31, 2012
Concerned Citizen vs. Dominga Nawen Abad, Court Stenographer III, Regional Trial Court, Branch 35, Bontoc, Mountain Province

FACTS

A concerned citizen filed a complaint before the Civil Service Commission (CSC) alleging that respondent Dominga Nawen Abad, a Court Stenographer III, had another person, Mrs. Erminda D. Nawen, take the Civil Service Sub-professional Examination in her stead. The CSC compared respondent’s Personal Data Sheet (dated May 4, 2005) with the Picture Seat Plan from the examination (dated July 26, 1992) and found clear differences in both the photograph and the signature appearing on the two documents. The CSC dismissed the complaint for lack of jurisdiction and forwarded the case to the Supreme Court. The Office of the Court Administrator (OCA) required respondent to comment. In her comment, respondent did not directly address the impersonation charge but instead questioned the CSC’s actions in entertaining an anonymous complaint and rendering a decision without jurisdiction. She prayed for the suspension of proceedings until a proper complaint was filed. The OCA found her guilty of dishonesty, noting the evident disparities in the photograph and signature, and recommended her dismissal from service.

ISSUE

Whether respondent Dominga Nawen Abad is guilty of dishonesty for having another person take the Civil Service examination on her behalf.

RULING

Yes, the respondent is guilty of dishonesty. The Supreme Court adopted the OCA’s findings and recommendation. The Court examined the documents and confirmed that the photograph and signature on respondent’s Personal Data Sheet were distinctly different from those on the examination Picture Seat Plan, proving that an impersonator took the test. Respondent’s failure to squarely answer the charge and her lack of countervailing evidence bolstered the case against her. By falsely claiming she personally took the exam, she committed an act of dishonesty. As a court employee, she is held to the highest standards of integrity and honesty. Following precedent in similar cases (Cruz v. Civil Service Commission and Civil Service Commission v. Sta. Ana), dishonesty is a grave offense punishable by dismissal for the first offense under the Uniform Rules on Administrative Cases. Accordingly, respondent Dominga Nawen Abad is DISMISSED from service with cancellation of eligibility, forfeiture of all retirement benefits (except accrued leave credits), and perpetual disqualification from reemployment in any government branch or instrumentality. The Resolution is immediately executory.