Administrative Order No. 86

Sec. 4 (b) and Sec. 5 (a) of Republic Act 6713, read as follows: “Sec. 4. Norms of Conduct of Public Officials and Employees. – (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties: (a) xxx xxx (b) Professionalism. – Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.” “Sec. 5. Duties of Public Officials and Employees. – In the performance of their duties, all public officials and employees are under obligation to: (a) Act promptly on letters and requests. – All public officials shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of communications sent by the public. The reply must contain the action taken on the request. xxx xxx (d) Act immediately on the public’s personal transactions. – All public officials and employees must attend to anyone who wants to avail himself of the services of their offices and must, at all times, act promptly and expeditiously.” and Sec. 3 (f) of Republic Act No. 3019, [as amended] reads as follows: “Sec. 3. Corrupt Practices of Public Officers. – In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: xxx xxx (f) Neglecting or refusing after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.” (Brackets supplied) The inculpatory findings and conclusions of the PCAGC, supported as they are by, or at least reasonably inferable from, substantive evidence on record commend themselves for concurrence. This is not to say, however, that the act complained of constitutes corrupt practice under Section 3 (f) of RA 3019. As it were, no evidence was presented to show that Hernandez failed to act with dispatch on Abela’s complaint for the purpose of gaining material advantage. WHEREFORE, premises considered, respondent Ellen V. Hernandez is hereby found guilty of the offense of deliberate refusal to perform official duty and accordingly, is hereby meted the penalty of suspension for six (6) months, effective upon receipt of a copy hereof. DONE in the City of Manila, this 7 th day of September, in the year of Our Lord Nineteen Hundred and Ninety-nine. (Sgd.) JOSEPH EJERCITO ESTRADA President of the Philippines By the President: (Sgd.) RONALDO B. ZAMORA Executive Secretary