The Supreme Court in this case affirmed the dismissal of Rita S. Chulyao, a Clerk of Court II, for dishonesty. The Court found that Chulyao employed her sister to take the Career Service Professional Examination (CSPE) on her behalf, thereby misrepresenting her qualifications for her position. This decision underscores the high standards of ethical conduct required of public servants and emphasizes that dishonesty, even in securing initial qualifications, can lead to dismissal and forfeiture of benefits. The ruling serves as a stern warning against fraudulent practices in the civil service.

When a Sister Takes the Stand: Can Exam Impersonation Justify Dismissal from Public Office?

This case revolves around an administrative complaint filed by the Civil Service Commission (CSC) against Rita S. Chulyao, Clerk of Court II of the Municipal Circuit Trial Court (MCTC) of Barlig, Mountain Province. The complaint alleged that Chulyao had engaged in dishonesty by employing her sister, Raquel S. Pangowon, to take the Career Service Professional Examination (CSPE) on her behalf in 1988. The CSC’s investigation revealed discrepancies in the examination records, suggesting that Pangowon had impersonated Chulyao during the examination. The core legal question is whether Chulyao’s actions constitute dishonesty, warranting her dismissal from public service and forfeiture of benefits.

The facts presented by the CSC indicated that an anonymous complaint led to a verification of examination records, which revealed that the photograph in the picture seat plan of the CSPE taken in 1988 was indeed that of Raquel S. Pangowon, Chulyao’s sister. This discovery prompted the CSC to direct both Chulyao and Pangowon to submit their comments on the matter. Chulyao initially moved for the dismissal of the complaint, claiming it was motivated by revenge. However, she failed to appear for preliminary investigations despite being directed to do so. Pangowon, on the other hand, appeared under special appearance. The CSC-CAR eventually issued a formal charge against Pangowon for Dishonesty, Falsification of Official Documents, and Conduct Prejudicial to the Best Interest of the Service.

The CSC-CAR initially dismissed the complaint against Chulyao for lack of jurisdiction, given that she was a court employee. However, this decision was forwarded to the Office of the Court Administrator (OCA) for proper action. The OCA directed Chulyao to comment on the CSC-CAR decision. In her comment, Chulyao denied the allegations, claiming that the irregularity was due to inadvertence when she submitted her sister’s photo instead of her own. She explained that she had asked her sister-in-law to develop photo negatives, and in the rush to the examination, she mistakenly gave her sister’s photo to the proctor. She further claimed that she only discovered the error later but never reported it to the CSC.

The OCA found Chulyao guilty of dishonesty and recommended her dismissal from service. The OCA noted that the photo appearing on the picture seat plan was indeed that of Pangowon, and there was a substantial dissimilarity between Chulyao’s signature on her personal data sheet and the signature on the picture seat plan. The OCA dismissed Chulyao’s defenses as unsubstantiated alibis. This recommendation led the Supreme Court to re-docket the complaint as a regular administrative matter and require Chulyao to file another comment.

In her subsequent comment, Chulyao reiterated that the irregularity was due to inadvertence and that her sister could not have taken the examination because she was in Kadaclan, Barlig, Mountain Province, during the planting season. She submitted an affidavit from a seatmate, Diosdado F. Foyagan, who attested to seeing her in the examination room. She also submitted documents to prove that her sister was not absent from her classes. However, the CSC affirmed Pangowon’s dismissal from service for Dishonesty, Falsification of Official Documents, and Conduct Prejudicial to the Best Interest of the Service. Subsequently, the OCA reiterated its recommendation that Chulyao be dismissed from service.

The Supreme Court adopted the OCA’s recommendation. The Court defined dishonesty as “intentionally making a false statement in any material fact, or practicing or attempting to practice any deception of fraud in securing his examination, registration, appointment or promotion.” It further explained that dishonesty implies a “disposition to lie, cheat, deceive, or defraud; unworthiness; lack of integrity; lack of honesty, probity or integrity in principle; lack of fairness and straightforwardness; disposition to defraud, deceive or betray.”

The Court found that the evidence overwhelmingly supported the findings that Chulyao employed her sister to take the CSPE on her behalf and claimed the result as her own in her personal data sheet. The Court noted a significant difference in the signatures of the examinee and the true Rita Chulyao, as observed by the CSC. The Court also dismissed Chulyao’s claim of inadvertence, stating that the CSC’s examination procedures are rigid and designed to prevent such errors. The Court quoted the CSC:

The CSC has devised methods and strategies in the conduct of any civil service exam to ensure the integrity of the civil service examination. The procedure in taking any civil service exam is very rigid, stiff and taut. With the well established procedure in administering the Civil Service Exams, it could not and never happen that the I.D. Picture of another person be pasted in the picture seat plan instead of the picture of the actual examinee. This is so because before the I.D. Picture of the examinee is pasted in the seat plan, the proctor will validate if the I.D. Picture submitted by the examinee is the examinee’s picture. The proctor will see to it that the I.D. Picture being submitted by the examinee is his or her own picture. After the I.D. is pasted, the examinee will be required to sign below said I.D. and the signature is again validated by the proctor if the said signature is the same as the signature appearing in the application form. Hence, it would be highly improbable that the I.D. picture of another person would be pasted in the PSP.

The Court emphasized that the impersonation started from the filling-up of the application form until the actual examination, with Chulyao’s sister performing all acts of impersonation. The truth was unveiled only when Chulyao used the result in her employment. The Court rejected Chulyao’s defense of good faith, stating that it necessitates honesty of intention, free from any knowledge of circumstances that ought to have prompted an inquiry. Chulyao’s failure to report the error and her evasion of the investigation further undermined her credibility. The Court concluded that Chulyao acted with malicious intent to perpetrate a fraud. The civil service form is an official document. The Court, citing Donato v. CSC, G.R. No. 165788, February 7, 2007, 515 SCRA 48, 61-62, stated that:

As an official document, the contents/entries therein made in the course of official duty are prima facie evidence of the facts stated therein.

Chulyao’s use of a fake civil service eligibility violated the Civil Service Examinations and prejudiced the government and the public. The eligibility was necessary for her position as Clerk of Court II. The Court reiterated that dishonesty and falsification have no place in the Judiciary and that under Section 52, Rule XIV of the Omnibus Rules Implementing Book V of Executive Order No. 292, dishonesty is a grave offense punishable by dismissal even for the first offense. The assumption of public office requires the highest standards of ethical conduct, including honesty, candor, and faithful compliance with the law. Nothing less is expected.

FAQs

What was the key issue in this case?	The key issue was whether Rita S. Chulyao committed dishonesty by employing her sister to take the Career Service Professional Examination (CSPE) on her behalf, thereby misrepresenting her qualifications for her position as Clerk of Court II.
What evidence did the Court consider in reaching its decision?	The Court considered the photograph on the picture seat plan, the signatures on Chulyao’s personal data sheet and the picture seat plan, Chulyao’s failure to report the irregularity, and her evasion of the investigation.
What is the definition of dishonesty according to the Court?	The Court defined dishonesty as intentionally making a false statement in any material fact, or practicing or attempting to practice any deception of fraud in securing examination, registration, appointment, or promotion.
What was Chulyao’s defense in this case?	Chulyao claimed that the irregularity was due to inadvertence when she submitted her sister’s photo instead of her own and that her sister could not have taken the examination because she was in Kadaclan, Barlig, Mountain Province.
Why did the Court reject Chulyao’s defense of good faith?	The Court rejected Chulyao’s defense of good faith because she failed to report the error and evaded the investigation, which undermined her credibility.
What is the penalty for dishonesty in the civil service?	Under Section 52, Rule XIV of the Omnibus Rules Implementing Book V of Executive Order No. 292, dishonesty is a grave offense punishable by dismissal even for the first offense.
What are the implications of this decision for public servants?	This decision underscores the high standards of ethical conduct required of public servants and emphasizes that dishonesty, even in securing initial qualifications, can lead to dismissal and forfeiture of benefits.
Was Chulyao’s sister also penalized?	Yes, the Civil Service Commission (CSC) affirmed the dismissal of Raquel S. Pangowon from service for Dishonesty, Falsification of Official Documents and Conduct Prejudicial to the Best Interest of the Service.

This case illustrates the importance of honesty and integrity in public service. The Supreme Court’s decision serves as a reminder that any form of dishonesty, including misrepresentation of qualifications, will not be tolerated and will be met with severe consequences. Public servants are expected to uphold the highest ethical standards and to act with utmost integrity in the performance of their duties.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: RE: COMPLAINT OF THE CIVIL SERVICE COMMISSION, CORDILLERA ADMINISTRATIVE REGION, BAGUIO CITY AGAINST RITA S. CHULYAO, CLERK OF COURT, MUNICIPAL CIRCUIT TRIAL COURT-BARLIG, MOUNTAIN PROVINCE, A.M. No. P-07-2292, September 28, 2010