LA TRINIDAD, Benguet – The Civil Service Commission (CSC) ordered the dismissal from service of the town’s zoning administrator after finding him guilty of alleged grave misconduct.
In a 6-page decision dated November 14, 2021 signed by CSC Chairperson Alicia dela Rosa-Bala and Commissioner Aileen Lourdes A. Lizada, the CSC dismissed the petition for review of La Trinidad zoning administrator Emmerson A. Tabernero and upheld Decision No. 190035 dated July 8, 2019 of the Cordillera office of the CSC finding him guilty of conduct prejudicial to the interest of the service and meted the penalty of one year suspension and Resolution No. 19-0042 dated August 19, 2019, denying his motion for reconsideration have been affirmed with modification.
The CSC pointed out that Tabernero was found guilty of grave misconduct and should be meted the penalty of dismissal from the service with the accessory penalty of cancellation of eligibility, forfeiture of retirement benefits, exempt terminal leave benefits and personal contributions to the Government Service Insurance System (GSIS) if any.
Tabernero filed an appeal treated as a petition for review from Decision No. 190035 dated July 8, 2019 of the CSC-CAR finding him guilty of conduct prejudicial to the best interest of the service and meted the penalty of one-year suspension, and Resolution No. 19-0042 dated August 19, 2019 denying his motion for reconsideration.
The instant case stemmed from the affidavit-complaint dated April 2, 2018 of Board member and Councilor Nestor Fongwan, Jr. against Tabernero before the CSC-CAR alleging irregularities and unlawful acts committed by the latter in the performance of his duty as the zoning officer which purportedly constitute grave misconduct, dishonesty and conduct prejudicial to the best interest of the service..
To corroborate his complaint, Fongwan attached the affidavits of his witnesses among which is the affidavit of a certain Rogelio C. Bugtong which provided that sometime in 2017, he applied for building permit with the zoning office under the municipal planning and development office which Tabernero holds office as the zoning officer. On such occasion, Tabernero allegedly intimated that he needs to obtain environmental compliance certificate (ECC) from the environment department allegedly for a consideration of P10,000 and allegedly the building permit may only be approved and released with dispatch if Bugtong acceded to the arrangement. The consideration Tabernero was demanding was lowered to P9,000 for which he issued 2 receipts with different dates and amounts, contrary to the fact that Bugtong handed him the money only once.
Tabernero did not deliver on his promise as the preparation of engineering plans and processing of the said ECC with the DENR-EMB to which the payments he gave were intended for, did not materialize and it is very apparent that Tabernero has a financial and material interest in the transaction requiring the approval of his office.
In his answer dated April 10, 2018, Tabernero denied the allegations of Fongwan and his witnesses and averred that the case was filed by the latter merely to harass him and a retaliation for the unjust vexation case which he had filed against the municipal official.
In his motion for reconsideration, Tabernero reiterated his averments in his answer dated April 10, 2018.
In Decision No. 19-0035, the CSC held that the complaint of Fongwan based on the affidavits of his witnesses lack merit. However, on the basis of the affidavit of Bugtong, Tabernero was found guilty of conduct prejudicial to the best interest of the service and meted the penalty of one-year suspension.
In his defense, Tabernero alleged that after preliminary examination of Bugtong’s application for a locational clearance or certificate of zoning compliance, he found several requirements missing such as the topographic survey, slope protection with structural design as well as ECC.
The Commission holds that the offense committed by Tabernero constitutes grave misconduct as the acts he committed were directly connected to his duties as zoning administrator.
Further, Bugtong would not have approached him if it were not for his position and as admitted by Tabernero, he referred Bugtong, a person with a pending transaction with his office, to a certain Engr. Gaki to facilitate the processing of the lacking documents of Bugtong in his application for a locational clearance.
He likewise admitted having received money for and in behalf of Engr. Gaki and that his acts constitute a willful disregard of established laws and rules.
Moreover, under CSC rules, there is no description of what specific acts constitute the grave offense of conduct prejudicial to the best interest of the service and that acts may constitute the said offense as long as they tarnish the image and integrity of public office.
The CSC pointed out that Tabernero’s act also constitutes conduct prejudicial to the best interest of the service and his referral of Engr. Gaki to Bugtong, a client seeking approval of his application with Tabernero’s office and his acceptance of the money from Bugtong as payment for Gaki created a negative perception that blemished and compromised the integrity of his office.
Finally, the CST stipulated that it must be stated that when an officer or employee is disciplined, the object sought is not the punishment of that officer or employee, but the improvement of the public service and the preservation of the public’s faith and confidence in the government. By HENT
