NPC v. CSC (G.R. No. 152093; January 24, 2012)
FACTS: President of petitioner National Power Corporation (NPC) filed an administrative action against respondent Rodrigo A. Tanfelix, a Supervising Mechanical Engineer, for rigging the bidding for the construction of the windbreak fence of its thermal power plants coal storage in Calaca, Batangas.
After hearing, the NPCs Board of Inquiry and Discipline (BID) found Tanfelix guilty of grave misconduct for rigging the bidding to favor ALC Industries, Inc. (ALC), one of the five pre-qualified contractors. With this finding, the NPC discipline board ordered Tanfelix dismissed from the service.
Acting on Tanfelix's appeal, the Civil Service Commission (CSC) rendered a decision, affirming the NPC-BID ruling. But, on motion for reconsideration, the CSC reversed itself and exonerated Tanfelix. The CSC ruled in the main that the misconduct which warrants removal must have direct relation to and be connected with the performance of official duties. As it happened, Tanfelix was neither a member of the NPC bids committee nor was there any proof that he influenced the members of that committee.
The NPC appealed to the Court of Appeals (CA) but the latter affirmed the ultimate ruling of the CSC.
ISSUE:
Is Tanfelix absolved of any administrative liability for rigging the bids on an NPC construction contract since he was not a member of the bids committee that awarded it to a pre-selected bidder?
HELD: Grave misconduct, of which Tanfelix has been charged, consists in a government officials deliberate violation of a rule of law or standard of behavior. It is regarded as grave when the elements of corruption, clear intent to violate the law, or flagrant disregard of established rules are present. In particular, corruption as an element of grave misconduct consists in the official's unlawful and wrongful use of his station or character [reputation]to procure some benefit for himself or for another person, contrary to duty and the rights of others. Rigging by a public official at a bidding in the organization where he belongs is a specie of corruption.
THE COURT ADJUDGES RESPONDENT RODRIGO A. TANFELIX GUILTY OF GRAVE MISCONDUCT, AND IMPOSES ON HIM THE PENALTY OF DISMISSAL WITH THE ACCESSORY PENALTIES.
