The Sandiganbayan has urged all government officials and employees, elected or appointed, “to rise above their self-interests and pride” to avoid conflicts, clashes and disputes that are detrimental to public service.
The anti-graft court’s admonition was pointed out in its decision that acquitted former Mayor Conrado U. Nicart III of San Policarpio, Eastern Samar of the graft charge involving the reinstatement of two town employees in 2012.
Nicart was charged with violation of the Anti-Graft and Corrupt Practices for allegedly failing to issue a written memorandum on the reinstatement of Diosdado B. Cidro and Anita P. Moscosa to their posts as agriculture technician and budget aide, respectively.
He was also accused of failing to pay the two employees’ back salaries.
Cidro and Moscosa were dismissed by Nicart on Jan. 12, 2012. The two employees appealed their dismissal before the Civil Service Commission (CSC) which ordered their reinstatement.
Nicart ordered the two employees’ reinstatement and directed the town treasurer and accountant to include them in the payroll starting January 2013. He, however, did not issue a written order for the reinstatement.
Cidro and Moscosa were notified of the verbal directive, but neither of them reported back to work.
In charging Nicart, the prosecution claimed that the former mayor should have issued a written return-to-work directive.
The Sandiganbayan did not agree with the prosecution. It said: “The verbal instructions of accused Nicart... coupled with Nicart's directive to the treasurer and accountant to include Cidro and Moscosa in the payroll starting January 2013, constituted compliance with said portion of the CSC's directive.”
"The Court cannot also be blind to the fact that Cidro and Moscosa themselves refused to report back for work... and even after they were directed by accused Nicart to report back for work," the court said.
It pointed out that Cidro and Moscosa "squandered away" the opportunity to report back to work by insisting on a written memorandum or directive.
"This case demonstrates that unless and until our government officials and employees, elected or appointed, rise above their self-interests and pride, and place the interests of public service ahead of their own, conflicts, clashes, and disputes like the present case will continue to occur and recur to the detriment of public service," the court stressed.
Sixth Division Chairperson Sarah Jane T. Fernandez wrote the 79-page decision with the concurrence of Associate Justices Karl B. Miranda and Kevin Narce B. Vivero.