This case has been cited 2 times or more.
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2011-10-04 |
BRION, J. |
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| On October 19, 2005, the Government Service Insurance System (GSIS) administratively charged the petitioner, then Branch Manager of the GSIS Naga Field Office, with Dishonesty, Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service[4] for approving the requests for salary loans of eight GSIS Naga Field Office employees who lacked the contribution requirements under GSIS Policy and Procedural Guidelines (PPG) No. 153-99,[5] giving them unwarranted benefits through his evident bad faith, manifest partiality or gross negligence, and causing injury to the pension fund.[6] He was required to answer and was preventively suspended for ninety (90) days. | |||||
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2006-07-11 |
TINGA, J. |
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| Pacariem is accused of committing libel, which allegedly is tantamount to grave misconduct. The offense of libel cannot be loosely considered as misconduct in office. To constitute an administrative offense, misconduct should relate to or be connected with the performance of the official functions and duties of a public officer, amounting to either maladministration, or willful intentional neglect and failure to discharge the duties of the office.[7] Although an officer may be suspended or dismissed for malfeasance which is not related to, or connected with, the functions of the office, such as commission of a crime, the officer may not be proceeded against administratively based thereon until a final judgment of conviction is rendered by a court of justice.[8] The exception is when the crime or act committed also constitutes a violation of administrative rules; there no conviction is required.[9] Furthermore, in grave misconduct as distinguished from simple misconduct, the elements of corruption, clear intent to violate the law or flagrant disregard of established rule, must be manifest.[10] | |||||