This case has been cited 1 times or more.
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2005-06-30 |
AUSTRIA-MARTINEZ, J. |
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| The fact that he was not satisfied with the advice or instruction of the CSC Regional Office does not justify his act of disregarding the same. He could have filed an appeal with the CSC itself questioning the ruling of the CSC Regional Office as the Commission has the power, under the law, to review decisions and actions of its offices and of the agencies attached to it.[13] In the alternative, Peralta could have sought the opinion of other authorities, such as the legal department of his office. He also had the option of taking the matter with the central office of the PPA, or the Department of Justice of which the PPA is a constituent unit. As the Director/Officer-in-Charge of Regional Office No. XII of the PPA, it is Peralta's duty to find legal bases for his actions. However, nothing in the records at hand shows that he did. Instead, he proceeded to implement his own memorandum, which runs counter to the order of the CSC Regional Office. Thus, the presumption of good faith on his part is overcome by his obstinate and unjustified refusal to heed the directive of the CSC. Peralta, no doubt, acted in bad faith. In Sidro vs. People, [14] we held that:Bad faith does not simply connote bad judgment or negligence; it imputes a dishonest purpose or some moral obliquity and conscious doing of a wrong; a breach of sworn duty through some motive or intent or ill will; it partakes of the nature of fraud. It contemplates a state of mind affirmatively operating with furtive design or some motive of self-interest or ill will for ulterior purposes. Evident bad faith connotes a manifest deliberate intent on the part of the accused to do wrong or cause damage.[15] | |||||