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ADMINISTRATIVE ORDERS
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ADMINISTRATIVE ORDER NO. 30 -
IMPOSING THE PENALTY OF SIX (6) MONTHS SUSPENSION WITHOUT PAY ON
RESPONDENT LIDUVINA C. REYES, REGIONAL DIRECTOR, REGION II, COMMISSION
ON HIGHER EDUCATION, TUGUEGARAO CITY, FOR VIOLATION OF Sec. 7(b)(1)
and (2) OF REPUBLIC ACT NO. 6713 This refers to the unsigned and undated
letter-complaint filed with the then Presidential Commission Against
Graft and Corruption (PCAGC), now Presidential Anti-Graft Commission
(PAGC), by Concerned Heads of Schools in Cagayan, et al. against
respondent Liduvina C. Reyes, Regional Director, Region II, Commission
on Higher Education (CHED), Tuguegarao City, for alleged various
irregularities. "7. As gathered by the Commission, respondent Reyes had been a part-time professor at the Saint Louis College of Tuguegarao during the school year 1998-1999 and first semester of the school year 1999-2000 and she held classes either on Fridays from 5:30-8:30 P.M. or during Saturdays; that at the Saint Paul University, wherein she likewise taught on a part-time basis, she held graduate classes from 10:00 A.M. until 1:00 P.M. on Saturdays; and that at the Cagayan Colleges of Tuguegarao, she was invited to conduct special lectures during Saturdays or Sundays. On the questioned deanship of respondent of the Graduate School of the Saint Louis College of Tuguegarao (SLCT), it was found out that she applied for the position on July 22, 1998 and was appointed as such on August 25, 1998. Her term was from September 1, 1998 up to March 31, 1999, but served as Dean of said College until the acceptance of her resignation by the SLCT Board of Trustees effective September 23, 1999. In respondent's Answer, she averred that she never taught in the graduate school of any private institution in Region II during office hours and also denied reviewing masteral thesis and doctoral dissertations in her office. Anent her appointment as Dean of the Graduate School of the Saint Louis College of Tuguegarao, she explained that she applied for the position upon receipt of notification from then CHED Chairman Angel Alcala informing her that her Appointment as Regional Director of CHED Region II will no longer be renewed. However, again when notified that CHED officials who were earlier asked to vacate their positions will be restored to their positions, she resigned and was accepted effective September 23, 1999. On the charge of double compensation, there is no basis therefore, according to respondent, on the ground that she was not technically a CHED personnel at the time she served as Dean of the graduate school; and that the prohibition against double compensation does not apply when the additional compensation is received not from the government or any of its entities. The Commission presented three (3) issues for resolution of the charge, but only two (2) thereof have actually been resolved, considering that the issue on double compensation was referred to the Commission on Audit. The two (2) issues are: "(1) The Commission rejected the CHED Resolution No. 40-98 as a valid excuse and opined, to wit: "It
is the considered view of this Commission that respondent Reyes'
teaching activities at the aforementioned private institutions of
learning constitute private practice of her profession as a teacher
which conflicts with the exercise of her official function as CHED
Regional Director of Region II. Moreover, the Commission likewise views
CHED Resolution No. 40-98 upon which the herein respondent has anchored
her alleged authority to teach as puny and of no moment in the instant
case for reasons, among others, that (1) as an administrative issuance
of CHED, it cannot certainly be considered to have amended the clear
and express provision of Sec. 7(b)(1) of R.A. No. 6713; and (2)
respondent Reyes has not presented any other evidence in support of her
alleged authority to teach, e.g., an application to teach and the
corresponding approval thereof signed by the CHED Chairman, which,
obviously, are requirements under the said CHED Resolution (Exhibit
'4'). Regarding the second issue, the Commission said: "This
Commission views as understandable the action of the herein respondent
in seeking employment at the Saint Louis College of Tuguegarao which
needed her professional services, after she was formally apprised by no
less than the then Chairman of the Commission on Higher Education on
the non-renewal of her appointment, for which she may not be faulted." In order to further elucidate on the first issue, Sec. 7(b)(2) of R.A. 6713, otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees provides, to wit: "Sec. 7. The last paragraph of Sec. 7(b) also states: "These
prohibitions shall continue to apply for a period of one (1) year after
resignation, retirement or separation from public office, except in the
case of subparagraph (b)(2) above, but the professional concerned
cannot practice his profession in connection with any matter before the
office he used to be with, in which case the one-year prohibition shall
also apply." This one-year prohibition fully debunks the Commission's view that respondent cannot be faulted for applying and accepting the position of Dean of the Graduate Studies since anyway her appointment can no longer be renewed. While it is true that respondent is technically no longer with the CHED, but under Section (b) of RA 6713, the prohibition continues to apply one (1) year after resignation, retirement or separation from the service hence she is liable for its violation. Be that as it may, respondent Reyes is hereby found to have violated Section s 7(b)(1) and (2) of R.A. 6713. WHEREFORE, premises considered, and as recommended by the PCAGC, now PAGC, respondent Liduvina C. Reyes, Regional Director, Region II, Commission on Higher Education, Tuguegarao City is hereby SUSPENDED FOR A PERIOD OF SIX (6) MONTHS WITHOUT PAY, for violation of Sec. 7(b)(1) and (2) of Republic Act 6713. SO ORDERED. Manila, Philippines, February 26, 2002 |
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Since 19.07.98.