Republic of the Philippines d ‘ Department of Education De NED REGION VI-WESTERN VISAYAS Pen Detaarusni oF EDUCATION Duran Street, lloilo City November _14_, 2016 REGIONAL MEMORANDUM No. §¥__, s.2016 MUST-READ DECISION ON THE CASE OF ANINAG, JEFFREY M. (RE: GRAVE MISCONDUCT) To: The Schools n Superintendents a Enclosed is DepED Memorandum DM-LA-2016 dated 13 June 2016, signed by Atty. Alberto T. Muyot, Undersecretary for Legal and Legislative Affairs on the above- stated subject. { 2 Attached also is the Civil Service Commission Office Memorandum No. 27, s. 2016 dated April 13, 2016 on the same subject. The said Office Memorandum pertains to CSC Decision No. 15-0908, promulgated on December 23, 2015 which was considered a i Must-Read Decision during the November 24, 2015 Commission Meeting. Decision No. 15-0908 to all Legal Officers, Principals/School Heads and teachers wil 3. in this connection, you are advised to disseminate copies of the said CSC your respective area of jurisdiction for their guidance and information. 4 For compliance of all concerned. Ma. conf DESI rector Ill Officer-in-Charge Office of the Regional Director Encls.: CSC.O.M. No. 27, s. 2016 CSC Decision No. 15-0908 dated December 23, 2015 ‘To be indicated in the Perpetual index under the following subjects: COMPLAINTS: STUDENTS TEACHERSRECORDS DIVISION Bey Republic ot the Philippines Bepartment ot €pucation Office of the Undersecretary Yor Legat and Legislative Affatrs ay MEMORANDUM DM-LA-2016- O17 (a cea = Cy = TO, ALL REGIONAL DIRECTORS FROM : ATTY, ALBERTO ‘T. MUYOT Undersecretary Legal and Legislative Affairs SUBJECT MUST-READ DECISION ON THE CASE OF ANINAG, JEFFREY M. (RE: GRAVE MISCONDUCT) i DATE, 3 13 June 2016 ‘The Civil Service Commission passed Office Memorandum No. 27, 8. j 2016, dated April 13, 2016, advising all CSC Regional and Field Offices to y disseminate copies of the Decision on the case of ANINAG, Jeffrey M., CSC Decision No.15-0908, dated December 23, 2015, 1» all school heads within their respective jurisdiction for their guidance ‘and information. Attached is a copy of the said O.M. No. 27, s. 2016. ‘The said Decision was considered @ Must-Read Decision during the November 24, 2015 Commission Meeting ‘The Commission deemed it as must-read for the guidance of all school teachers and heads/principals as they aré charged with the supervision and care of students. As teachers and heads/ principals, their profession carries the ‘most responsibility of setting a good example. Thus, an act of grave misconduct through sexual harassment is beyond the decency and the morality expected of teachers and heads/ principals. CERTIFIED TRUE COPY $ Mafre pose thanie D. MOsCOSO afte pecords Divina Done onal tice Beaycosra Basnuyratersionon Lew seps sereIn view of the commitment of the Department of Education to respect, protect, and promote child rights, you are hereby advised to disseminate copies of CSC Decision No.15-0908 to all Schools Division Superintendants, legal officers and school heads within your respective jurisdiction for their guidance and information, Attached is a copy of a version of said Decision where the real names of the victim, her classmate, the school and/or any other information tending to establish or compromise their identities are withheld pursuant to the Supreme Court Decision in the case of People of the Philippines vs. Cabalquinto (G.R. No. 167693, 19 September 2006, 502 SCRA 419). As of today, the same version may now be viewed gr downloaded from the CSC website, specifically through the following link: http:/ /www.cse.gov.ph/phocadownload/ / Mustead/2015/MustRead_D15090 B.pdf For compliance < Te ATTY. ALBERTO T, MUYOT Undersecretary Enels. CSC O.M. No. 27, s. 2016 CSC Decision No. 15-0908 dated December 23, 2015 CERTIFIED TRUE COPY Thafee ROSE MAIE D. MOSCOSt ‘mistrative Officer V Records Division Deak Cental fice[ feaublicafthePhilpoines | CIVIL SERVICE COMMISSION Beata Pate eae eran oF eae Omar elieal ca ae SAP T May 16, 2016 : fh ear ATTY, ALBERTO T, MUYOT eee Undersecretary for Legal and Legislative Affairs po 3 AL CUUayy Department of Education ~ z FREN Sen EEO DepEd Complex, Meralco Avenue S ee P ee ata OD pee cly RECEIVID aT Sete th are SIR: = say Pi 4 Greetings 3 Attached is a copy of the Decision on the case of ANINAG, Jeffrey M. (CSC Decision No. 15- 0908), promulgated on December 23, 2015. This was considered a Must-Read Decision by the Commission for the guidance of our school teachers and administrators. In the attached version of the Decision, the name of the victim, her classmate and the school are withheld to protect their privacy. The same version may now be viewed or downloaded from the CSC website, specifically through this link: http:/ / www.csegov.ph/ 28-23/ pdf-files / category / 458-must-read-resolutions-2015, Consider this as our humble contribution in aclvocating for the protection of children’s rights, We hope that, through your Office, this Decision will be widely disseminated. Thank you and best regards from Maureen and I. Very truly yours, . PASAMONTE, Hesponsive, Lecssble, Courteous aud lective Public Service S1CSC Hktng, HHP Roa, Constitution Hills, 1126 Quezon City + 8931-79359 1-7H39/99 1-92» B csephilaewebmulLesegoegh “@ wwwese snpCSC receivensy: 2 dle 1:40 CIVIL SERVICE BATE ale COMMISSION or usa BAVA oM.No.2 7 5.2016 OFFICE MEMORANDUM TO sl ALL CSC REGIONAL AND FIELD OFFICES SUBJECT: ‘Must-Read Case of ANINAG, Jeffrey M. (Re: Grave Misconduct) ‘The case of ANINAG, Jeffrey M. promulgated on December 23, 2015 was considered a ‘Must-Read Decision during the November 24, 2015 Commission Meeting The Commission deemed it must-read for the guidance of all school teachers and heads/prineipals being in charge with the supervision and care of students. As teachers and heads/principals, their profession carries utmost responsibility of setting good example. Thus, an act of grave misconduct through sexual harassment is beyond the decency and the morality expected of teachers and heads/principals, In view of the foregoing, you are advised to disseminate copies of the said CSC Decision No. 15-0908 to all school heads within your respective jurisdiction for their guidance and information. Attached is a copy of a version of said Decision where, the real names of the victim, her classmate, the school and/or any other information tending to establish or compromise their identities are withheld pursuant to the Supreme Court in the case of People of the Philippines % ys. Cabalquinto (G.R. No. 167693, 19 September 2006, 502 SCRA 419). The revised version is provided for purposes of publication and dissemination only. The original of said Decision is on file with the Commission Secretariat and Liaison Office (CSLO). avid N Chairperso: For strict compliance. AMBALA Enel Decision No. 15-0908 dated December 23, 2015 MEMO so CSCROs (ANINAG case) 13 APR 2016 1.C.E. w Serve: Responsive, Access Cnateous aud Effective Public Service TESC Hull, 18? Road, Constitution ill 1.26 Quezon Ciry+ 2 83)-2935)31-78ROARI-KOW9 «8 reenhilziwehmil ner anyon uCIVIL SERVICE COMMISSION Paras tanmtAYAN ANINAG, Jeffrey M. Number Re: Grave Misconduct, (Appeal) Promulgated: 23 Dee (D-2015-08018) DECISION Jefliey M. Aninag, Teacher, xxx National High School, Valenzuela City, appeals from the Resolution dated March 17, 2015 of the Department of Education (DepEd), Pasig City, affirming with modification the Resolution dated April 02, 2013 and Order dated June 06, 2013 of the Regional Director, DepEd-National Capital Region (DepEd-NCR) finding ‘Aninag guilty of Grave Misconduct and modifying the penalty imposed upon him from one (1) year suspension to dismissal from the service. Pertineit portions of the assailed Resolution dated March 17, 2015 of the DepEd read, i as follows: i aor “Respondent seffey, M. Aninag commited the offense of Grave Misconduct by sexually abusing a student named AAA. “Under the Revised Schedule of Penalties of the Civil Service ' Commission, the penalty for Grave Misconduct for the first offense is t Dismissal from the Service. “WHEREFORE, premises considered, the herein appeal ix hereby DISMISSED jor lack ‘of merit. However, the penalty of one (1) year ‘suspension from the service is hereby MODIFIED accordingly. Instead, the j penalty of DISMISSAL FROM THE SERVICE is hereby imposed ton fespondent Jeffrey M. Aninag. The Regional Director, Dephd National ~ Capital Region, is hereby directed to inform this Office of the effectivioy date of the dismissal from the service of respondent Jeffrey M, Aninag.”” Aninag, on the other hand, in his appeal, relied on the following grounds, to wit: “L THE HONORABLE DEPARTME, ETARY COMMITTED ERROR IN AFFIRMING THE DECISION OF THE REGIONAL DIRECTOR (DepEd-NCR) DESPITE VIOLATION OF APPELLANT'S RIGHT TO DUE PROCESS AS THERE WAS SERIOUS FLAW IN THE CREATION OF THE INVESTIGATING COMMITTEE; [Nota Bene: ‘The real aame oF the vitim and her classmate, the school andor any other information tending to estas er compomistheie entities ae with in this Decision. The name ofthe visti and her classinate appear heen as AA arab BBB, respectively. The nume ofthe school appears as 4 National High School. This sin line with the rling ofthe Supreme Cou in People of Une Philippines ¥. Cabalquinto(G. R. No. 167693, 19 September 2006, 502 SCRA 419) Ina Raceto Serve: Responsive, Accessible, Courteous and Egfective Public Service © ing, IBP Row, Consittion His, 1226 Quezon City = #8 951-7925/931-7539/91-8002 fd exchil@nebmallexcgph* @ worse gouphPage 0p 5 “THE HONORABLE DEPARTMENT SECRETARY ERRED IN HOLDING THAT THE INVESTIGATING COMMITTEE [HAT CONDUCTED THE FORMAL ‘INVESTIGATION WAS LEGALLY CONSTITUTED AND HAS COMPETENT JURISDICTION: WH THE HONORABLE DEPARTMENT SECRETARY ERRED IN AFFIRMING THE DECISION AND FINDINGS OF THE REGIONAL DIRECTOR (DepEd.NCR) DESPITE THE FACT THAT THE FORMAL | INVESTIGATION AND ALL PROCEEDINGS SUBSEQUENT THERETO ARE NULL AND VOID, WW. THE HONORABLE DEPARTMENT SECRETARY ERRED IN ISSUING THE APPEALED RESOLUTION (MARCH 17, 2013) WITHOUT EXPRESSING CLEARLY AND DISTINCTLY THE FACTS, THE RULES AND LAWS ON WHICH THE SAME IS BASED; "V. FHE HONORABLE DEPARTMENT SECRETARY COMMITTED GRAVE ERROR IN AFFIRMING THE DECISION. OF THE REGIONAL DIRECTOR WHICH HAS NO LEGAL BASIS. ANCHORED ON FINDINGS OF FACTS WHICH ARE BASED ON ERRONEOUS AND INCOMPLETE RECORD, LACK Of IMPARTIALITY OF THE INVESTIGATING BODY AGAINST APPELLANT AND DENIAL OF THE RIGHT TO DUE PROCESS OF APPELLANT." e's request and while the two (2) were inside said clinic, Aninag sexually 'y grabbing and Kissing her, even to the extent of showing his genitalia, In another occasion, sometime in January 2011, when AAA was about to gor inside the Mockroom to borrow some books, Aninag invited her inside and, right there and them, ‘ouched her private pars and then seduced her to perform sexual communication with hin Thus, on February 16, 2011, AAA filed a Letter-Complaint addressed to the xxx National High Sehool's Division Superintendent. Said complaint was, received by the Wioel’s division office, and then transmitted, together with her sworn statement, the Women and Child Protection Desk of the Valenzuela City Police. in said complaint, AAA eeused Aninag of committing Acts of Lasciviousness pursuant to Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act). Subsequently, AAA was joined by some teachers in her school who filed their forwarded Ganblaint against Aninag before the School Principal. The School Principal forwarded their complaint to the School Division Superintendent, who in turn, forwarded their complaint o the Office ofthe Regional Director, DepEd National Capital RegionOn August 8 2011 Aninag filed his Counter-Aifidavit, denying vehemently and senterically the avcusations filed against him, cd Positing that a previous rape ease filed conviecen is eventually dismissed, By reason of og Previous easc, his co-teachers were AAA. eM that he isa scoundrel, recidivist, and habit offender, as he sexually harassed one AAA. ased on said affidavits, the Regional Office Conducted its preliminary investigation nding @ prima facie case, issued a Formal Charge for Grave Misconduct against Aninag on November 17, 201[ Anent the Formal Charge, the case was initially captioned with the teachers as the complaining parties,thus. ‘ARLENE MANIQULZ, ET AL, + Complainanes, versus ADM. CASE No. NCR 2011-064 For: Grave Misconduct JEFFREY ANINAG, Responder," ‘AAA, ADM. CASE No. NCR 2011-064 For: Grave Misconduct YEFEREY ANINAG, Respondent,” On the other and, the Formal Charge, thus, reads: wy ig eer 2010 2: dronnd 1:00 » olgas inthe afernoon toh MN ered Aid yen en SOO Ba home you call of you pee "0 0 sorathing in tha henge Clinic. When the tro Y you were inside the cline, pet suddenly closed the door. grabbedand kissed her and when she fought back and asked you 19 stop, you even opened your zipper and show ker your reproductive organ. The following day, Jou came up to her and said, If you tell any person about what happened yesterday, I will have you killed.’ This kind of incident happened again sometime in January 2011 at the school's stockroom, where books are being borrowed. While the student AdA and her classmate name BB was about to borrow books from said stockroom, you invited her inside and right then and there, you touched her private parts and seduced her in having sex with you FAnd that, in the presence of the four (4) Head Teacher, the Guidance Counselor, the Level Chairman, the Adviser and a Subject Teacher, you admitted having a sexual relationship with one of pour students." Affcr the formal investigation, the DepEd National Capital Region issued its Resolution dated April 2, 2013 finding Aninag guilty, as charged. Pertinent portions of said Decision, thus, reads, as follows awe i “The Respondent’ alibi of going 10 Camella Homes to pay his monthly amortization cannot be given serious consideration by this Office. He failed to prove physical impossibility that the defense of alibi requires in order to mort serious consideration. The Investigating Committee established thar the Respondent has significant fondness t0 female students and engaging. ‘relationship with them. Further, in a conference held at the school's Guidance Office sometime in February 2011. Respondent admitted that he has sexwal relationship with one of his female students. He admitted the same im the presence of four (4) Head Teachers, the School Guidance Counsellor, the Adviser of the students affected, and a’Subject teacher. “Denial and alibi cannot be given greater evidentiary value than the testimonies of credible witnesses who testify on affirmative matters j Respondent's denial cannot be given weight over the positive testimony’ of the fi complainant and the witnesses ‘Misconduct is defined as a transgression of some established or definite rule of action. More particularly, it is an unlawful behavior by the public officer. In grave misconduct, the element of clear intent to violate the {ow or flagrant disregard of an established rule must be manifest Unmistakably, the acts committed by the respondent-teacher gains his Afudent is @ flagrant transgression of established rule. It is also a violation of the Code of Ethics for Professional Teachers for he failed to meiniaiy dignified personality which could serve as a role model worthy of emulation by learners, peers and all others “WHEREFORE, premised on the foregoing, the respondent is hereby Jound guilty as charged, However, this being his first offense on record rey for humanitarian consideration, he is hereby meied tke penalty of ONE (1)A ANINAG, Jeffey Page Sof 8 EAR SUSPENSION from the service, with stern the same offense shall be deali with severely, ean jarning that repetition of On Muy 24.2013, Aninag moved for the consideration of said Decision, However, on fine 6, 2013 the DepBd-NCI denied his motion for Inch oa merit and ordered "the Implementation of the April 2, 2013 Decision On July 10, 2013, further sppeated the April 02, 2013 Decision and the June 6, 2013 Onder ofthe DepEd-NCR before the Secretary of Dept, Pasig City Fie ah 17, 2015, the DepEd Sceretry dismissed Aninag’s appeal for lack merit, I rerarng tte finding of guilt aguinst Aninag for Grave Miscomiae a further modified the Penalty of ne (1) year suspension to dismisal from the cave Aninag filed a motion for ‘econsideration but the same was denied in DepEd Resolution acd a 26, 2015 Hence, the instant appeal Te issue to be resolved is whether the appeal is meritorious The Commission rules in the negative. The assailed DepEd’s Resolution discussed that ic raat composition of Formal Investigating Commitee, this opi Eick conpliance with Section 9 of Rd 4670 ard Seon at (@) of DepEd Onder No. 49.2006, whick shall be composed of te Jollowing 1, The School's Division Superintendent of his/her duly Guiporized representative, who must have at least the rank of Cypivision Supervisor where the teacher Belongs a the Chairman; 2. A representative of the local or in its absence any existing Provincial or national teachers organization, and ne peimto” ofthe Division, the last two to be designated by the disciplinary authority.” feadhe Present case, the Formal Investigating Commitee is composed Of the following: 7Page 0 os 8 ‘Chairman: Dr. Benjamin Samson, Education Program Supervisor: “Members: Dr. Leilanie M. Mendoza, Education Program Supervisor; Ms. Nueva, President, Secondary School Teacher's Associakon " The Chairman and Members of the Formal Investigating Committee pare designated by the Regional Director, a disciplining authority pursuant to fection 2 af Depkid Order No. 49, s. 2606 in relation to Section | thereat Hence, the Formal Investigating Committee was legally constitued ond tr Sompetent jurisdiction to hear the case and all its proceedings were valid anit inorder ‘ As fo the merits of the case,. Aninag clearly demonstrated an unlawful behavior brought about by sexually harassing AAA in at least two (2) oecasione simply offering the steno) Alibi and mere denial thereof. Such actuations of the appellant wuly deserve seers High achat eS a7 regular, unlawful and beyond decency and norms expected from a high school teacher. There were clear transgressions of established and deficig cic of action or als bart His immoral and threatening acis are without doubt unbecoming ofa teacher ng tha sat he is considered under the law as a second parent to students in the school ae thus, would naturally commit to provide special protection and assistance ta then, In CSC Resolution No. 98-1432 Commission stated, thus: Hed July 10, 1998 (ARTECHE, Jesus the “Misconduct is defined as a transgression of some established and | Mefinite rule of action, more particularly, unlawful behavior on grass negligence of the public officer. Also the word misconduct implies a wrongful j intention, and not a mere error of judgement. If the transgression is done Z with deliberate inlent or in complete disregard of established rules, it qeceuues Grave Misconduct. Otherwise, itis only ~ Smuple phasis supplied) The Commission finds appellant's wrongful acts as deliberate and in complete sistebard of established rules. As a teacher, he is charged with the supervision ant cae of his angents His profession carries with it the utmost responsibilty of setting good example Apparently, Aninag failed in this obligation. In the case of Santos vs, National Labor Relations Ci mn (NLRC), G.R. No, digro. tated March 06, 1998, the Supreme Court upheld the dismissal of tereicy who had disgraced the teaching profession, ratiocinating thus xxxi is fo state the obvious that schools, next only to the home, wield a pong iafuence upon the students, especially during the letter ¢ roc Mischaben (instills in them the values and mores which shall prepare Gren, Ghachatge their righiful responsibilities as matures indivi society. At tee Manguard in murturing their growth are the teaches aha ee directly ‘Sharsed with cearing and educating them. As such a teacher rin gee role model for his students. Corollarily, he inusi not bring the teaching profession ita public disrespect or disgrace. For failure to lveap 10 the exaeting moral from hat denanded by his profession, petitioner Jose Santos was ee from his employment on the ground of mimoraliny We upheld hg dismissal war (As a feacher, petitioner serves as an example to his pupils especially tai thelr formative years and sandy in logo havestie ee To stress heir importance in oir society, teachers are Ger we and special Parental authority under our lav the obvious to assert that teacher's must ‘Consequently, itis but stating aiere to the exacting Standards of morality and decency xn, Seipingly, teachers must abide by a standard of personal conduct pach mo! only prascribes the commision of immordh aote herr prohibits fahavion creating a suspicion of immorality becuse of he harmful impression inact have on the students. Likewise, they must observe a hie standard of ‘utegrity and honesty.” (Emphasis supplied) Jlased on the afore-cited jurisprudence, a school is considered the heart of formal ideation, It is where students advance and learn. ls aim isan Provide the basic education and instill values for all learners," Hence, the law and society put high regard in learning institutions and demand from those serving in them the highest standard of morality and tlecency. Indeed, those who fail to live up to these standards deserves accountability with the highest penalty and must perforce be removed thereon se protect and preserve the institution Consequently, in view of these high standard accorded to the teaching profession and Eine institution charged with delivering basic education, Aninay should be held liable for Grave Misconduct’, and, thus, he should be Penalized with dismissal from the service with all its accessory penalties As tekards the imposition of penalty, Section 46 (A) (3), Rule 10, Revised Rules on Rininistrative Cases in the Civil Service (RRACCS), proviges ther Grave Misconduct is a Brave offense punishable by dismissal from the service’ Fane Section 52 (a), RRACCS, Seaton 2. Repuotic Act No. 9155, August 11, sreglne Aubovity od Accowsabiliy, Renaming te Denn of Education, and far Otter Parsee, “stir 46(A) (3), Rule 1, Reed Rules om Adminswave Cone n the Ci Servis work of Governance for Basie Education, .9f Education, Culture and Sports asthe DepartmentPage 8 of provides that the penalty of dismissal from the service shall carry with it the accessory Penalties of cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office and bar from taking Civil Service examination, Nevertheless, such imposition of accessory penalty of forfeiture of retirement benefits submits to the exclusion of Aninag’s entitlement to his terminal leave benefits and personal contributions to the GSIS, ifany. WHEREFORE, the appeal of Jeffrey M. Aninag, Teacher, xxx National High School, Valenzuela City, is hereby DISMISSED. Accordingly, the Resolution dated March 17, 2015 of the Department of Education (DepEd), Pasig City, affirming with svodiincaten ie Resolution dated April 02, 2013 and Order dated June 06, 2013 of the Regional Director Deptid-National Capital Region (DepEd-NCR), finding Aninag guilty of Grave Misconduet and imposing upon him the penalty of dismissal from the service, is AFFIRMED. "The TeaSGry Penaltics of cancellation of eligibility, forfeiture of retirement benefits, except lcrminallaccrued leave benefits and personal contributions to the GSIS, if any; perpetual i Gisaualification frém reemployment in the government service and bar fram taking the Civil Service examination are likewise imposed, Copies of this Decision shall be furnished the Commission on Audit-DepEd, and the Government Service Insurance System (CiSIS), for their reference and appropriate action Quezon City, ORIGINAL SIGNED ALICIA dela ROSA-BALA Chairperson ORIGINAL SIGNED 4 ROBERT S. MARTINEZ + Commissioner ORIGINAL SIGNED NIEVES L. OSORIO. Commissioner Attested by: ORIGINAL SIGNED DOLORES B. BONIFACIO Director IV Commission Secretariat and Liaison Office ulSLOLina