SB v CRUZ

SECURITY AND SHERIFF DIVISION, SANDIGANBAYAN, Complainant vs. RONALD ALLAN GOLE R.CRUZ, Security Guard 1, Security and Sheriff Division, Respondent.

A.M. No. SB-17-24-P

JUNE 11, 2017

FACTS:

Security Guard 1 Ronald Allan Gole R. Cruz (CRUZ) , of the Security and Sheriff Division, Sandiganbayan, was held administratively liable (and dismissed from the service with forfeiture of all retirement benefits, except accrued leave credits, and with perpetual disqualification from employment in any branch of the government or any of its agencies or instrumentalities, including government-owned and controlled corporations), as adjudged by the Office of the Court Administrator (OCA), for improper solicitation, when he caused the delivery of an envelope to Atty. Stephen David (Atty. David), counsel for accused Janet Lim Napoles in the Priority Development Assistance Fund (PDAF) case pending before the Sandiganbayan, purportedly to finance the Christmas Party of the Sandiganbayan’s security personnel. Atty. David handed back the said envelope containing P20,000.00 to Gole, with the knowledge of some co-security guards of the latter, who divulged the same to their Security Officer. The incident was reported to, and properly investigated by the OCA, where, from the evidence gathered, CRUZ was found guilty of improper solicitation.

ISSUE:

Whether or not solicitation of money from the counsel of a party to a case for Christmas Party, improper, and merits dismissal from work.

HELD:

YES. Improper solicitation is classified as a grave offense and is in violation of, and is punishable within, the ambit of the Revised Rules on Administrative Cases in the Civil Service (RRACCS). Under the Code of Conduct and Ethical Standards for Public Officials and Employees, solicitation is considered a prohibited act. Canon 1 of the Code of Conduct for Court Personnel provides that court personnel shall not solicit or accept any gift, favor, or benefit based on any explicit or implicit understanding that such gift, favor, or benefit shall influence their official actions. Soliciting is a grave offense punishable by dismissal from the service under Section 46 (A) of RRACCS. Court personnel’s act of soliciting or receiving money from litigants constitutes grave misconduct, and is punishable by dismissal from service.