CA affirms dismissal of FIDA official in Region 8

MANILA, Philippines –  The Court of Appeals (CA) has affirmed a resolution of the Civil Service Commission (CSC) dismissing an official of the Fiber Industry Development Authority (FIDA) for encashing the checks of employees of the agency without their consent.

The CA’s Fourth Division upheld the CSC resolution dated Jan. 28, 2008, which affirmed the findings of the Department of Agriculture (DA), on the dismissal of Jean Banares, Region 8 OIC director of FIDA, from the government service.

The CA also affirmed the CSC’s May 19, 2008 ruling denying Banares’ motion for reconsideration.

In a 14-page decision penned by Associate Justice Franchito Diamante, the CA said administrative decisions on matters within their jurisdiction should be respected and could only be set aside on proof of grave abuse of discretion, fraud or error of law.

Concurring with the decision were CA Associate Justices Josefina Guevarra-Salonga and Mariflor Punzalan Castillo.

Banares, who had been in government service for 20 years, raised the issue of whether or not he was afforded due process in the administrative proceedings that resulted in his dismissal.

The case arose from two letter-complaints from employees of FIDA-Region 8 charging Banares with dishonesty, falsification of public documents, and grave misconduct.

Banares, the CSC said, encashed several checks of FIDA employees and appropriated the money for himself.

In some occasions, the FIDA official would forge signatures so he could encash the em­ployees’ checks.

On Aug. 2, 2005, the DA issued a resolution penalizing Banares with dismissal from government service and forfeiting his retirement benefits and leave credits.

Banares appealed the DA’s action but lost, prompting him to bring his case to the CSC which, in turn, affirmed the decision against him.