The Civil Service Commission (CSC) has reversed and set aside the 2020 dismissal of Attorney IV Ernie E. Magaspag of the Negros Occidental Provincial Legal Office, fully exonerating him of administrative charges and ordering his immediate reinstatement with full backwages.
In an 11-page decision promulgated on June 17, a copy of which was obtained by DIGICAST NEGROS on Tuesday, July 14, the CSC ruled that the charges of Serious Dishonesty and Falsification of Official Documents against Magaspag were not supported by substantial evidence.
The case originated from an anonymous complaint filed on August 30, 2019, alleging that several lawyers from the Provincial Legal Office of the Provincial Government of Negros Occidental (PGO Negros Occidental) were habitually tardy or absent, the CSC said.
The province’s case relied heavily on a Closed-Circuit Television (CCTV) Footage Summary Report, which allegedly showed discrepancies between Magaspag’s physical arrivals and his biometric-logged DTR entries. It added.
On Sept. 16, 2020, Negros Occidental Governor Eugenio Jose Lacson approved a decision finding Magaspag guilty, imposing the penalty of dismissal from service.
Magaspag appealed the decision to the CSC.
In reversing the provincial government’s decision, the CSC emphasized that biometric time-tracking systems carry a higher evidentiary weight than unauthenticated CCTV summaries.
The CSC ruled that Magaspag must be immediately restored to his position as Attorney IV without loss of seniority rights, and paid full backwages, accrued benefits, and leave credits covering the entire period he was out of service.
The CSC Regional Office VII in Cebu City has been directed to monitor the implementation of the decision and submit a compliance report within ten days of receipt.
The decision was signed by CSC Commissioner Luis Meinrado C. Pañgulayan, Chairperson Marilyn B. Barua-Yap, and Commissioner Ryan Alvin R. Acosta.
Negros Occidental Provincial Administrator Rayfrando Diaz said the provincial government complied with the requirement of the law and will file a motion for reconsideration.*
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