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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 257 -
IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE ON REGION V REGIONAL
DIRECTOR PILAR ANTE-HILARIO OF THE DEPARTMENT OF TOURISM FOR
FALSIFICATION OF PUBLIC DOCUMENT
This refers to the administrative case
filed by Mr. Ramon Rocha Labayo against Region V Regional Director
Pilar Ante-Hilario of the Department of Tourism for alleged
falsification of official document, her personal Data Sheet (PDS, Civil
Service Form No. 212), in violation of Article 171 of the Revised Penal
Code.
In its resolution, the Presidential Commission Against Graft and
Corruption (Commission) found the following:
"The only issue then to be resolved is whether or not respondent Pilar
Ante Hilario is guilty of falsification of her PDS submitted on January
1, 1989 by stating therein that she earned her BSC from Republic
Colleges.
Well settled is the rule that in an administrative case, only
substantial evidence is necessary to hold respondent liable of the
charge against her. In this case, the Commission finds
substantial evidence to hold complainant (respondent)liable for
misdeclaration in her Personal Data Sheet (CSC Form No. 212) which she
filed on January 1, 1989 that she earned the degree of Bachelor of
Science in Commerce from the Republic Colleges, Guinobatan,
Albay. The preponderance of evidence supports the allegations of
complainant that she falsely declared such fact.
At the time she filled up CSC Form No. 212, her only basis was the
Transcript of Records which upon perusal by this Commission appears to
be not authentic as it did not have the official seal of the School.
Her claim that she, in good faith, believed that she graduated from the
Republic Colleges has no basis at all because if it were so, then the
transcript should have the official indicating therein that she has
indeed graduated from the said school. The preponderance of evidence
negate such claim of good faith on her part. it would have been a
different matter if the transcript of records indicated the fact of her
graduation.
The circumstances occurring after January 1989, more particularly the
issuances of the Registrar of Republic Colleges, only bolster our
opinion that respondent really misdeclared her educational background.
Both Efren Oliva, former Registrar of Republic Colleges and Ester P.
Flores, Acting Registrar of the School certified on 19 June 1989 and 11
September 1989 respectively, that respondent did not graduate from
Republic Colleges.
Granting for the sake of argument that respondent believed in good
faith, as claimed by her and as found by the deputized ombudsman who
investigated the case, that she was a bona fide student of the said
school because she was enrolled on a special arrangement ("tutorial"
basis) and was allowed to study at home, still there was
misdeclaration. Graduation from a degree or course is not a matter
pertaining only to the claim of students that they have finished all
the required subjects. It has to be evidence by an official
document issued by the school which in the case at bar is lacking.
We are likewise aware of the finding of the Office of the Ombudsman
absolving respondent of any criminal liability for the same act. Noted,
however, by this Commission is the difference in the quantum of
evidence in administrative and criminal cases.
In view thereof, it is hereby recommended to the Office of the
President that respondent Pilar Ante Hilario, Regional Director,
Department of Tourism, Region V, be DISMISSED from service.
SO RESOLVED."
After a careful review of the evidence on record, this Office adopts
the findings of the Commission and concurs with its recommendation.
Findings of administrative agencies which have acquired expertise
because their jurisdiction is confined to specific matters are accorded
not only respect but even finality (PNOV, Energy Development
Corporation vs. NLRC, 201 SCRA 487).
In view of the foregoing, and as recommended by the Commission,
respondent, Region V Regional Director Pilar Ante-Hilario of the
Department of Tourism, is hereby DISMISSED from the service in
accordance with the provisions of Rule XIV of the Omnibus Rules
Implementing Book V of Executive Order No. 292.
SO ORDERED.
Done in the City of Manila,
this 28th day of February in the year of Our Lord, Nineteen Hundred and
Ninety-Six.
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