This case has been cited 4 times or more.
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2009-01-20 |
PUNO, C.J. |
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| In Remolona v. CSC,[21] we reiterated the rationale for this rule, as first enunciated in Nera v. Garcia,[22] thus:xxx The rationale for the rule is that if a government officer or employee is dishonest or is guilty of oppression or grave misconduct, even if said defects of character are not connected with his office, they affect his right to continue in office. The Government cannot tolerate in its service a dishonest official, even if he performs his duties correctly and well, because by reason of his government position, he is given more and ample opportunity to commit acts of dishonesty against his fellow men, even against offices and entities of the government other than the office where he is employed; and by reason of his office, he enjoys and possesses a certain influence and power which renders the victims of his grave misconduct, oppression and dishonesty less disposed and prepared to resist and to counteract his evil acts and actuations. The private life of an employee cannot be segregated from his public life. Dishonesty inevitably reflects on the fitness of the officer or employee to continue in office and the discipline and morale of the service. | |||||
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2008-05-07 |
PER CURIAM |
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| In Remolona v. Civil Service Commission,[22] the Court En Banc ruled that, to warrant dismissal, grave misconduct or dishonesty need not be committed in the course of performance of duty by the person charged. The Court explained the rationale for this rule, as follows:The rationale for the rule is that if a government officer or employee is dishonest or is guilty of oppression or grave misconduct, even if said defects of character are not connected with his office, they affect his right to continue in office. The Government cannot tolerate in its service a dishonest official, even if he performs his duties correctly and well, because by reason of his government position, he is given more and ample opportunity to commit acts of dishonesty against his fellow men, even against offices and entities of the government other than the office where he is employed; and by reason of his office, he enjoys and possesses a certain influence and power which renders the victims of his grave misconduct, oppression and dishonesty less disposed and prepared to resist and to counteract his evil acts and actuations. The private life of an employee cannot be segregated from his public life. Dishonesty inevitably reflects on the fitness of the officer or employee to continue in office and the discipline and morale of the service. | |||||
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2006-08-30 |
CARPIO MORALES, J. |
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| Dishonesty, to warrant dismissal, need not be committed in the performance of duty of the employee charged. In Remolona v. Civil Service Commission,[29] the therein petitioner, a Postmaster at the Postal Office Service in Infanta, Quezon, was dismissed by the CSC for dishonesty acquiring fake eligibility for his wife who was an elementary school teacher. Posed as main issue was whether a civil service employee can be dismissed from the government service for an offense which is not work-related or which is not connected with the performance of his official duty. This Court, upholding the legality of the dismissal, held:It cannot be denied that dishonesty is considered a grave offense punishable by dismissal for the first offense under Section 23, Rule XIV of the Rules Implementing Book V of Executive Order No. 292. And the rule is that dishonesty, in order to warrant dismissal, need not be committed in the course of the performance of duty by the person charged. The rationale for the rule is that if a government officer or employee is dishonest or is guilty of oppression or grave misconduct, even if said defects of character are not connected with his office, they affect his right to continue in office. The Government cannot tolerate in its service a dishonest official, even if he performs his duties correctly and well, because by reason of his government position, he is given more and ample opportunity to commit acts of dishonesty against his fellow men, even against offices and entities of the government other than the office where he is employed; and by reason of his office, he enjoys and possesses a certain influence and power which renders the victims of his grave misconduct, oppression and dishonesty less disposed and prepared to resist and to counteract his evil acts and actuations. The private life of an employee cannot be segregated from his public life. Dishonesty inevitably reflects on the fitness of the officer or employee to continue in office and the discipline and morale of the service. (Emphasis supplied) | |||||
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2003-04-30 |
PER CURIAM |
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| The penalty for grave misconduct is dismissal from the service,[28] with forfeiture of all benefits and with prejudice to re-employment in any branch or agency of the government, including government-owned or controlled corporations.[29] In Remolona v. Civil Service Commission,[30] the Court En Banc ruled that, to warrant dismissal, grave misconduct or dishonesty need not be committed in the course of performance of duty by the person charged. The Court explained the rationale for this rule, as follows:The rationale for the rule is that if a government officer or employee is dishonest or is guilty of oppression or grave misconduct, even if said defects of character are not connected with his office, they affect his right to continue in office. The Government cannot tolerate in its service a dishonest official, even if he performs his duties correctly and well, because by reason of his government position, he is given more and ample opportunity to commit acts of dishonesty against his fellow men, even against offices and entities of the government other than the office where he is employed; and by reason of his office, he enjoys and possesses a certain influence and power which renders the victims of his grave misconduct, oppression and dishonesty less disposed and prepared to resist and to counteract his evil acts and actuations. The private life of an employee cannot be segregated from his public life. Dishonesty inevitably reflects on the fitness of the officer or employee to continue in office and the discipline and morale of the service. Public confidence in our courts is vital to the effective functioning of the judiciary. Court personnel who commit misconduct or dishonesty diminish the faith of the people in the judiciary's ability to dispense justice. | |||||