Volume 13 Number 1 - University of the Philippines College of Law

More documents

Recommendations

Info

January - March 2002 National Administrative Register 481 (4) she averred that she used the government vehicle assigned to her without the designated mark ëFor Official Use Onlyí because of the threats against her life and security; (5) on the charge of her frequent travels, she stated that there were some national projects and programs which were personal accountability of the Regional Director; and (6) she denies that she had never appointed any officer-in-charge during her travels. (pp. 343 to 348, Records) ìOn October 2, 2000, the parties were directed to submit their respective formal offer of evidence for the complainant on or before October 12, 2000 and for the respondent on or before October 17, 2000. ìThe exhibits thus submitted, disclosed that: (1) the respondent issued an office order dated February 10, 1998 which provided that Tamaraw FX Plate No. 611 should be for the official use of the Regional Director (p. 293, Records); (2) that the respondent designated Mr. Edgar S. Cadavedo, in her office order dated January 12, 2000 (p. 283, Records); (3) that the transportation allowance received by the respondent from November 1997 to November 1998 amounting to P73,800.00 was disallowed. (pp. 294 to 296, Records) ìSec. 41 of the General Appropriations Act provides that: ëThe transportation allowance herein authorized shall not be granted to officials who are assigned a government vehicle or use government motor vehicleí. ìThe respondent by receiving a transportation allowance despite the fact that she was assigned a government vehicle violated the above-quoted provision in the General Appropriations Act. ìAlthough the respondent denied all the charges levelled against her, it was, however, indubitably shown that she was administratively liable for violation of Sec. 41 General Appropriations Act (GAA) in relation to Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, for receiving transportation allowance notwithstanding the fact that she was assigned a government motor vehicle. ìHer defense that, from the time of the ruling of the Supreme Court in the case of Aida Domingo vs. Commission on Audit (G.R. No. 112371, October 7, 1998), she desisted from receiving said transportation allowance is unavailing considering that the law prohibiting the collection of transportation allowance when an officer is assigned/using a government vehicle was already in place/in effect. The best that she could have done was to have refunded the amount. On the charge of nepotism against the respondent, Sec. 6, Rule XVIII of the Civil Service Law is applicable, reading as follows:
482 National Administrative Register Volume 13/1 ëNo appointment in the national, province, city and municipal government or in any branch or instrumentality thereof, including government-owned or controlled corporation with original charters shall be made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over the appointee. ëUnless otherwise specifically provided by law, as used in this Section, the word ìrelativeî and members of the family referred to those related within the third degree either of consanguinity or of affinity.í ìThe records of the case failed to show, however, that the appointee is related to the respondent within the third degree either of consanguinity or of affinity, hence, respondent is not administratively responsible therefore.î ìAs regards the other charges, the same are dismissed for insufficiency of evidence.î ìWHEREFORE, in view of the foregoing, this Commission finds respondent Liberty C. Tupaz, Regional Director, Technical Education and Skills Development Authority (TESDA) Region IX, GUILTY for violation of Sec. 41, General Appropriations Acts in relation to Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, and so recommends to Her Excellency, President Gloria Macapagal-Arroyo, that the penalty of suspension from the service for six (6) months be imposed.î ìSO RESOLVED.î After an exhaustive review of the records of the case, this Office concurs with the findings and conclusions of the Presidential Commission Against Graft and Corruption supported as they are by substantial evidence. WHEREFORE, in view of the foregoing and as recommended by the Presidential Commission Against Graft and Corruption, respondent Liberty C. Tupaz, Regional Director, Technical Education and Skills Development Authority (TESDA), Region IX, is hereby suspended from office without pay for a period of six (6) months effective upon receipt hereof. SO ORDERED. Adopted: 04 March 2002 Date Filed: 26 March 2002 By the President: (SGD.) ALBERTO G. ROMULO --o0o--
Page 1 and 2:
142 National Administrative Registe
Page 3 and 4:
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
198 May 2002 June 2002 National Adm
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
280 1165.05 : National Administrati
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
298 1178.02 : National Administrati
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
326 12. Registration Fees National
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237 and 238:
Page 239 and 240:
Page 241 and 242:
Page 243 and 244:
Page 245 and 246:
Page 247 and 248:
Page 249 and 250:
Page 251 and 252:
Page 253 and 254:
Page 255 and 256:
Page 257 and 258:
Page 259 and 260:
Page 261 and 262:
Page 263 and 264:
Page 265 and 266:
Page 267 and 268:
Page 269 and 270:
Page 271 and 272:
Page 273 and 274:
Page 275 and 276:
Page 277 and 278:
Page 279 and 280:
Page 281 and 282:
Page 283 and 284:
Page 285 and 286:
Page 287 and 288:
Page 289 and 290: 430 National Administrative Registe
Page 339: 480 National Administrative Registe
Page 391 and 392:
Page 393 and 394:
Page 395 and 396:
Page 397 and 398:
Page 399 and 400:
Page 401 and 402:
Page 403 and 404:
Page 405 and 406:
Page 407 and 408:
Page 409 and 410:
Page 411:
show all

Volume 13 Number 1 - University of the Philippines College of Law

Create successful ePaper yourself

Delete template?

Save as template?