By Perfecto T. Raymundo
MANILA, Oct. 9 (PNA) — The Court of Appeals (CA) has dismissed the appeal of former Department of Justice (DOJ) Secretary Agnes Devanadera and upheld the imposition of a sanction against her.
In a two-page resolution released on Thursday, the CA Former Sixth Division denied the motion for partial reconsideration filed by Devanadera for lack of merit.
The ruling was written by Associate Justice Hahim Abdulwahid and concurred in by Associate Justice Ramon Cruz.
The CA affirmed its earlier ruling dated March 7, 2014 by lowering the penalty against Devanadera from suspension of one year to a fine in connection with the alleged anomalous granting of allowances for herself and her staff in 2007 during her stint as government corporate counsel.
However, it denied the appeal of the Office of the Ombudsman to increase the penalty against Devanadera.
“This Court, after a meticulous study of the arguments set forth in the Motions for Partial Reconsideration filed by both the petitioner and the respondent, through their respective counsel on April 3, 2014, finds no cogent reason to revise, amend, much less reverse, the decision dated March 7, 2014,” the CA ruling said.
Hence, the CA said that “the motions for partial reconsideration are hereby denied.”
In the CA ruling dated March 7, 2014, it partially granted the petition for review filed by Devanadera as it modified the decisions dated March 3, 2010 and Feb. 10, 2012 of the Ombudsman.
“(Devanadera) is hereby found guilty of simple misconduct, simple neglect of duty and conduct prejudicial to the best interest of the service,” the CA ruling said.
“In lieu of the penalty of suspension of one year without pay, she is ordered to pay a fine equivalent to her salary as Government Corporate Counsel for six months months,” it said.
“She is ordered to restitute to the Office of the Government Counsel Trust Liability Account the total amount of Php760,000,” it added.
Records showed that Devanadera’s office entered into an agreement with the Government Service Insurance System (GSIS) to handle the extrajudicial foreclosure of delinquent real estate loans and paid for the actual cost incurred while the Office of the Chief Government Corporate Counsel (OGCC) would get special assessment fees for its help.
The Ombudsman alleged that Devanadera earned Php500,000 while Faller got Php200,000 in attorney’s fees in the transaction.
It had previously found Devanadera and her former staff— her former executive assistant Rolando Faller, lawyer Jose Ma. Capili, and Divina Gracia Cruz—guilty of grave misconduct, dishonesty and conduct prejudicial to the best interest of the service.
As a consequence, they were meted with the supreme penalty of dismissal from the service, including accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for reemployment in the government service.
Devanadera sought reconsideration but was denied by the Ombudsman.
This prompted Devanadera to seek redress before the CA.
The CA said that it clearly appears that even the Commission on Audit (COA) itself “thought the petitioner’s actions were permissible under the law.”
It also took note of the fact that Devanadera and Faller were not the only ones who received attorney’s fees by virtue of the Special Assessment Fees paid by the GSIS.
“For misconduct considered as grave, there must be willful intent on the part of the public officer to disregard established rules,” the CA said.
With respect to petitioner’s act of ordering the release of funds to reimburse her and Faller for the amount they used in buying reading materials for the OGCC, the CA found that “there was error on the part of the Ombudsman in finding petitioner guilty of grave misconduct.”
The CA added that Devanadera cannot be held liable for dishonesty as these materials are existing within the premises of the OGCC after she left the said office. (PNA)