CASE DIGEST
Trinidad, Jr. v. Office
of the Ombudsman
G.R. No. 227440 (Resolution), [December 2,
2020]
EN BANC, LOPEZ, M.V
Administrative Law;
Administrative case against DPWH Engineer; Gross Neglect of Duty
The unjustified reliance on a
subordinate constitutes inexcusable negligence. Public officials are not
granted a blanket authority to depend on their subordinates, and even minor
tasks, no matter how minuscule, must be diligently accomplished.
Ricardo served as Engineer II in the
Department of Public Works and Highways - Quezon City Second Engineering
District (DPWH-QCSED). He was responsible for overseeing laborers of the
DPWH-QCSED's Oyster Program, designed to provide jobs to Filipinos as gardeners
or cleaners. Subsequently, an administrative case was filed against Ricardo for
dishonesty, gross neglect of duty, grave misconduct, and conduct prejudicial to
the best interest of the service. The case arose from the approval of daily
time records (DTRs) for certain laborers who were found to be simultaneously
employed in other government agencies, resulting in double or triple
compensations. Ricardo relied solely on his subordinate's logbook in signing
the workers' DTRs.
Whether or not Ricardo's reliance on
his subordinate's logbook in signing the workers' DTRs constitutes gross
negligence.
NO. The Court rejects Ricardo's argument
that his reliance on the logbook is justified due to the minor nature of his
duties with the Oyster Program. While good faith may exculpate a public
official from criminal liability, it does not necessarily relieve him from
administrative liability. The Court distinguishes between criminal and
administrative gross negligence, emphasizing that the purpose of administrative
proceedings is to protect the public service. Ricardo's negligence, although
not gross, is deemed simple negligence. Simple negligence is defined as
the failure to give proper attention to a required task due to carelessness or
indifference, as opposed to gross negligence characterized by a flagrant and
culpable refusal or unwillingness to perform a duty. The penalty imposed is a
two-month suspension without pay, considering that supervising the Oyster
Program's workers is not Ricardo's primary task, and this being his first
infraction. Ricardo is warned of more severe consequences for any repetition of
the offense.
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