The Civil Service Commission (CSC) has partially granted the appeal filed by the former head of the Negros Occidental Comprehensive Health Program (NOCHP) by reducing her penalty of dismissal from the service to a three-month suspension.
The Civil Service Commission decision promulgated Jan. 5 ruled on the appeal of Ma. Mina Pellejo, former NOCHP officer-in-charge and assistant provincial administrator of Negros Occidental, for the dismissal of an order meted against her by Governor Eugenio Jose Lacson.
Lacson on Nov. 19, 2021, found Pellejo guilty of Gross Neglect of Duty and Grave Misconduct and imposed the penalty of dismissal from the service.
Civil Service Commission Commissioner Luis Meindrado Pangulayan, in his 15-page decision, modified the decision of the governor and found Pellejo guilty only of Simple Neglect of Duty with the penalty of three months with disqualification from promotion corresponding to the period of suspension.
The case against Pellejo stemmed from her time as head of the Negros Occidental Comprehensive Health Program, where it was stated there was an expenditure of ₱86.4 million in 2019 that resulted in a ₱1.6 million excess of its annual budget. Furthermore, the program had total accounts payable amounting to ₱26.7 million in 2019, it added.
The CSC ruling said there is no substantial evidence to support Pellejo’s guilt for the administrative offenses of Grave Misconduct and Gross Neglect of Duty.
“The records clearly show the lack of flagrant negligence or willful intent on her part, the absence of any indication of personal gain, and the fact that no actual irregularities were found in the Commission on Audit (CSC),” it said.
“It is clear that Pellejo did not commit malversation in any of the modes contemplated under the law. In the absence of proof of misappropriation, conversion, consent, or culpable negligence amounting to malversation, the charge for Grave Misconduct cannot prosper,” the CSC decision said.
However, her failure to exercise reasonable diligence in managing the Negros Occidental Comprehensive Health Program funds renders her liable for Simple Neglect of Duty, it added.
Pearl Montesino, Pellejo’s lawyer, said they have filed a Motion for Partial Reconsideration because there was no express ruling regarding Pellejo’s reinstatement.
They maintain that the finding of “simple neglect of duty” also lacks a basis, she said.
Provincial Legal Officer Alberto Nellas Jr. said that they have notified the Civil Service Commission that they will also be filing a Motion for Reconsideration to its decision reducing Pellejo’s penalty.*
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