FLORENCIO L.

ADVINCULA,

vs ROMEO DICEN

G.R. No. 162403 , May 16, 2005

FACTS: The Office of the Governor of Samar, , issued a Memorandum [3] to a !rovincia "hiefs of Offices, re#uirin$ a %ersonne of the %rovince to su&mit one co%y of an u%dated !ersona 'ata Sheet (!'S) to the !ersonne Section* !etitioner + orencio ,* -dvincu a, the !rovincia -$ricu turist, su&mitted his !'S,[.] dec arin$ therein that there /ere no %endin$ administrative and crimina cases a$ainst him and that he had not &een convicted of any administrative offense* 0o/ever, the records revea that at that time, the fo o/in$ cases a$ainst the %etitioner /ere %endin$1 (a) "rimina "ase 2o* 25..6 fi ed /ith the +irst 'ivision of the Sandiganbayan, 3ue4on "ity5 and (&) OM6789S7-'M7200070.65 an administrative case %endin$ &efore the Office of the Om&udsman78isayas* 9t /as ater on discovered that the %etitioner had a ready &een convicted of an administrative offense for sim% e misconduct* :omeo 'icen, an -$ricu tura Techno o$ist in the Office of the !rovincia -$ricu turist, fi ed a ,etter7"om% aint &efore the Office of the Om&udsman in 8isayas, char$in$ the %etitioner /ith vio ation of the %ertinent %rovisions of the -nti7Graft and "orru%t !ractices -ct* The res%ondent, i;e/ise, re#uested that the corres%ondin$ char$es for the crimina offense of fa sification of %u& ic or officia document, and the administrative offense of misconduct in office or dishonesty &e fi ed a$ainst the %etitioner* !etitioner averred that the omission to disc ose his %endin$ cases and %rior conviction /as an oversi$ht on his %art due to his numerous dai y tas;s and the !'S /as accom% ished &y !ersonne Officer Micae a M* :osa es, a re$u ar em% oyee of the Office of the !rovincia -$ricu turist, in her intention to su&mit the !'S of the %etitioner &efore the schedu ed dead ine* Office of the Om&udsman78isayas rendered <ud$ment findin$ the %etitioner $ui ty of misconduct and meted the %ena ty of S=S!>2S9O2 +:OM O++9"> +O: S9? (6) MO2T0S @9T0O=T !-A* The %etitioner e evated the administrative case to the "- /hich affirmed the decision of the Office of the Om&udsman78isayas* ISSUE: @hether or not the !'S cou d not &e the &asis of a findin$ of misconduct on his %art and $ood faith in si$nin$ the !'S cannot &e a $round to find him $ui ty of misconduct* RULING: Time and a$ain, /e have em%hasi4ed that the !ersona 'ata Sheet is an official document re#uired of a $overnment em% oyee and officia &y the "ivi Service "ommission9t is the re%ository of a information a&out any $overnment em% oyee and officia re$ardin$ his %ersona &ac;$round, #ua ification, and e i$i&i ity* "oncea ment of any information in the !'S, therefore, /arrants a %ena ty from the errin$ officia * The %etitioner /as a %rovincia a$ricu turist, no ess, and occu%ied a very res%onsi& e %osition in the $overnment, a &eit on the %rovincia eve * -s such, it /as incum&ent on him to scrutini4e each and every document he si$ned* 9t is hard to &e ieve that the %etitioner affiBed his si$nature on his !'S /ithout &otherin$ to scrutini4e, and correct the same if erroneous* The fact that he fai ed to read the entries made &y the %ersonne officer &efore fina y affiBin$ his si$nature on the !'S ma;es him $ui ty of ne$ i$ence of duty* Moreover, the fai ure of the %etitioner to divu $e that he had %endin$ cases, &oth crimina and administrative, and that he had a ready &een %revious y ad<ud$ed $ui ty of sim% e misconduct is a form of concea ment, /hich is re$arded as dishonesty amountin$ to misconduct*[2C] !etitioner /as under e$a o& i$ation to revea those facts in his !'S and his inadvertence /as no eBcuse* 2o ess than the 1DEC "onstitution %rovides that F[%]u& ic office is a %u& ic trust* !u& ic officers and em% oyees must at a times &e accounta& e to the %eo% e, serve them /ith utmost res%onsi&i ity, inte$rity, oya ty, and efficiency, act /ith %atriotism and <ustice, and ead modest ives*G The %u& ic office is created for the interest and the &enefit of the %eo% e* -s such, the ho der thereof Fis su&<ect to such re$u ations and conditions as the a/ may im%ose*G [31] There is a constant need to maintain the faith and confidence of the %eo% e in the $overnment and its a$encies and instrumenta ities* - %u& ic servant must eBhi&it at a times the hi$hest sense of honesty and inte$rity*[32] WHEREFORE, the assai ed 'ecision and :eso ution of the "ourt of -%%ea s are AFFIRMED* 2o costs*