Dismissal for 3rd offense - G.R. No. 194645

G.R. No. 194645

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Section 53 of the Uniform Rules on Administrative Cases in the Civil Service is clear that length of service may be considered either as mitigating or aggravating depending on the circumstances of the case. Here, it was shown that Clave was previously found guilty by the GSIS of simple neglect of duty in Adm. Case No. 05-02711 in its Decision dated 12 February 2007 for unauthorized cancellation of the loan and header of one Basilio C. Benitez. In that case, the GSIS suspended Clave for three months. Earlier, in another Decision12 dated 10 November 2005, the GSIS found Clave guilty of conduct prejudicial to the interest of the service for her participation in a mass action that resulted in the disruption of GSIS operations, for which she was meted the penalty of suspension for six months and one day. Hence, Clave’s length of service in the government could not mitigate her liability considering that the present offense is not her first offense but her third offense. Applying Section 52(B) of the Revised Rules on Administrative Cases in the Civil Service, the penalty of dismissal imposed by the GSIS and affirmed by the CSC should instead be imposed on Clave.

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