Court of Appeals upholds firing of school principal

CEBU, Philippines - The Court of Appeals upheld an Ombudsman decision dismissing from service a public school principal in Lilo-an who was found guilty of administrative case for grave misconduct.

The 18th division of the appellate court affirmed the July 28, 2004 decision of the Office of the Ombudsman-Visayas that dismissed from service Dr. Epitacio Mendoza of the Lilo-an Central Elementary.

In a 12-page decision penned by Associate Justice Franchito Diamante, the appellate court dismissed Mendoza’s petition for certiorari and denied his request for the issuance of a temporary restraining order to prevent the anti-graft office from enforcing its decision.

The court stated that under the Civil Service Law, Mendoza’s case is a grave offense punishable by dismissal from service.

The case stemmed from a complaint for grave misconduct filed by Ma. Teresa Singuran, a public school teacher, against Mendoza in 2003.

Singuran, in her complaint, said she was designated as the teacher-in-charge of two public schools in Lilo-an.

One of her teachers was reassigned to the central school, prompting her to request for a replacement from the division office.

Singuran said that she was advised by the assistant division superintendent to see Mendoza, who was then the principal of the school where one of her teachers was reassigned.

On June 24, 2003, Singuran said she visited Mendoza in his office but to her surprise, the latter raised his voice at her and even struck her with a plastic chair. Mendoza also accused her of stealing his cellular phone.

The Ombudsman found the complaint meritorious and considering that it was not the first time that Mendoza was facing a misconduct complaint, the anti-graft office imposed upon him the highest penalty of dismissal from service.

Despite the court decision, Mendoza has not yet served the penalty.

Assistant Ombudsman Virginia Palanca Santiago told The FREEMAN that Department of Education regional director Ricarido Borgonia referred the dismissal order to the education secretary.

Santiago said they received a letter from Borgonia informing them that considering that Mendoza is a ranking official, it is the secretary of education who has the authority to implement the dismissal order. — Fred P. Languido/LPM       (THE FREEMAN)