Ex-public works Usec acquitted of gross misconduct

The Supreme Court Friday acquitted retired Public Works Undersecretary Salvador Pleyto of charges of gross misconduct and dishonesty for allegedly falsifying his statement of assets and liabilities and net worth (SALN) from 1999 to 2001. In a decision penned by Associate Justice Minita Chico-Nazario, the SC Third Division reversed and set aside the October 2006 decision of the Court of Appeals that affirmed the Office of the Ombudsman’s ruling to dismiss Pleyto from service. The SC said that there is substantial evidence that Pleyto and his wife Miguela have legitimate sources of income other than petitioner’s salary as a government official that enabled them to acquire several real properties in their names and travel abroad. Despite his acquittal, the high court found Pleyto guilty of negligence in accomplishing his SALN for 2002 and ordered that the amount equivalent to his salary for six months be forfeited from his retirement benefits. “While petitioner may be guilty of negligence in accomplishing his SALN, he did not commit gross misconduct or dishonesty for there is no substantial evidence of his intent to deceive the authorities and conceal his other sources of income or any of the real properties in his and his wife’s names. Hence, the imposition or penalty of removal or dismissal from public service and all other accessory penalties on petitioner is indeed too harsh," the Court ruled. Pleyto, who retired last March 22 while the case was still being resolved, may however claim his retirement benefits after serving government for 41 years. The SC further said that while it commends the police and the Ombudsman to hold accountable public officers with unlawfully acquired properties, petitioner could not be declared guilty of gross misconduct and dishonesty if the “essential element of intent to commit a wrong" is missing. “No matter how noble the intentions of the PNP-CIDG and the Office of the Ombudsman are in pursuing this administrative case against petitioner (Pleyto), it will do them well to remember that good intentions do not win cases; evidence does. This Court cannot countenance unsubstantiated charges against a hapless public official just to send a message that the government is serious in its campaign against graft and corruption," the SC said. Earlier, the CA upheld the decision of the Ombudsman dismissing Pleyto from the service after finding him guilty of gross misconduct and dishonesty for concealing and misdeclaring his assets when he filed his SALN in 2001 and 2002. The PNP-CIDG in its investigation report said Pleyto’s properties and foreign trips were beyond his lawful income. Of the 26 real properties that Pleyto acquired, only 13 were declared worth P9.3M. Pleyto denied he had the deliberate intent to conceal his wealth but admitted he failed to pay attention to the details therein as the family bookkeeper prepares them and that his wife, a businesswoman was running their financial affairs. The SALN contained inaccurate information repeated annually making it appear that Pleyto completely falsified his declaration of real properties. The appellate court, in its assailed decision, found merit in the findings of the Presidential Anti-Graft Commission, which recommended Pleyto's dismissal from service for failure to indicate in his SALN the business interests of his wife. It conducted a probe into the Pleyto case based on the complaint of an anonymous person. The PAGC, in its January 29, 2004 resolution, said Pleyto violated Section 8 of Republic Act 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and Section 7 of RA 3019 (Anti-Graft and Corrupt Practices Act) which requires government functionaries to prepare and file a true, detailed and sworn statement of their assets and liabilities. The agency’s ruling was affirmed on August 29, 2006 resolution. President Arroyo upheld the commission's recommendation for Pleyto's dismissal as early as Jan. 29, 2004. But the Office of the President directed the PAGC to reinvestigate the case in response to Pleyto’s motion for reconsideration. The agency found out that under Miguela’s name were two pawnshops, a piggery and poultry farm, and laundry and dry-cleaning shop, while Pleyto only said that his wife is a businesswoman. - GMANews.TV