IMPOSING THE PENALTY OF DISMISSAL FROM THE SERVICE ON REGION V REGIONAL DIRECTOR PILAR ANTE-HILARIO OF THE DEPARTMENT OF TOURISM FOR FALSIFICATION OF PUBLIC DOCUMENT

This refers to the administrative case filed
by Mr. Ramon Rocha Labayo against Region V Regional Director Pilar
Ante-Hilario of the Department of Tourism for alleged falsification of
official document, her personal Data Sheet (PDS, Civil Service Form No.
212), in violation of Article 171 of the Revised Penal
Code.

In its resolution, the Presidential Commission
Against Graft and Corruption (Commission) found the
following:

“The only issue then to be
resolved is whether or not respondent Pilar Ante Hilario is guilty of
falsification of her PDS submitted on January 1, 1989 by stating therein
that she earned her BSC from Republic Colleges.

Well
settled is the rule that in an administrative case, only substantial
evidence is necessary to hold respondent liable of the charge 
against her. In this case, the Commission finds substantial evidence to
hold complainant (respondent)liable for misdeclaration in her Personal
Data Sheet (CSC Form No. 212) which she filed on January 1, 1989 that
she earned the degree of Bachelor of Science in Commerce from
the  Republic Colleges, Guinobatan, Albay. The preponderance of
evidence supports the allegations of complainant that she falsely
declared such fact.

At the time she filled up CSC
Form No. 212, her only basis was the Transcript of Records which upon
perusal by this Commission appears to be not authentic as it did not
have the official seal of the School. Her claim that she, in good faith,
believed that she graduated from the Republic Colleges has no basis at
all because if it were so, then the transcript should have the official
indicating therein that she has indeed graduated from the said school.
The preponderance of evidence negate such claim of good faith on her
part. it would have been a different matter if the transcript of records
indicated the fact of her graduation.

The
circumstances occurring after January 1989, more particularly the
issuances of the Registrar of Republic Colleges, only bolster our
opinion that respondent really misdeclared her educational background.
Both Efren Oliva, former Registrar of Republic Colleges and Ester P.
Flores, Acting Registrar of the School certified on 19 June 1989 and 11
September 1989 respectively, that respondent did not graduate from
Republic Colleges.

Granting for the sake of argument
that respondent believed in good faith, as claimed by her and as found
by the deputized ombudsman who investigated the case, that she was a
bona fide student of the said school because she was enrolled on a
special arrangement (“tutorial” basis) and was allowed to study at home,
still there was misdeclaration. Graduation from a degree or course is
not a matter pertaining only to the claim of students that they have
finished all the required subjects. It has to be evidence by an official
document issued  by the school which in the case at bar is
lacking.

We are likewise aware of the finding of the
Office of the Ombudsman absolving respondent of any criminal liability
for the same act. Noted, however, by this Commission is the difference
in the quantum of evidence in administrative and criminal
cases.

In view thereof, it is hereby recommended to
the Office of the President that respondent Pilar Ante Hilario, Regional
Director, Department of Tourism, Region V, be DISMISSED from
service.

SO
RESOLVED.”

After a careful review of the
evidence on record, this Office adopts the findings of the Commission
and concurs with its recommendation. Findings of administrative agencies
which have acquired expertise because their jurisdiction is confined to
specific matters are accorded not only respect but even finality (PNOV,
Energy Development Corporation vs. NLRC, 201 SCRA
487).

In view of the foregoing, and as recommended by
the Commission, respondent, Region V Regional Director Pilar
Ante-Hilario of the Department of Tourism, is hereby DISMISSED from the
service in accordance with the provisions of Rule XIV of the Omnibus
Rules Implementing Book V of Executive Order No.
292.

SO ORDERED.

Adopted: 28
February 1996

By the
President:

(SGD.) RUBEN D.
TORRES
Executive Secretary