By ERWIN ‘AMBO’ DELILAN
THE RECENT axing of four employees of the provincial government of Negros Occidental due to a “travel brouhaha” met “silent dislikes”.
Asked by many: Why didn’t Gov. Bong Lacson choose compassion? It’s totally in contrast with the governor’s projected image as an “icon of calm professionalism”, they pointed out.
The four capitol workers were all from the Office of the Provincial Agriculturist (OPA). Their case for alleged grave misconduct was heard by the Provincial Legal Office (PLO). And such was simply caused by a delayed parking of the capitol service vehicle that respondents used during a legitimate travel in Victorias City on July 15, 2022. Instead of 5 p.m. they went back and parked the vehicle at the capitol around 8 p.m.
Provincial Attorney Alberto Nellas Jr. said the respondents were guilty of use of government vehicle beyond office hours. And that constituted a felony of grave misconduct, he emphasized.
Hence on Jan. 3, 2023 via a 12-page decision Atty. Nellas recommended the termination of four employees from government service, including forfeiture of all their benefits. Sans hesitation, Gov. Bong approved such.
‘NO MUSS, NO FUSS’
Dissecting and deciphering Atty. Nellas’ recommendation, I cast no legal objection. He literally followed the letter of the law.
But what about the spirit of the law? If this was explored, the capitol might have exercised significant human compassion (SHC).
SHC is one curative element for human imperfection. And if SHC was applied in this case, I am pretty sure there’ll be “no muss, no fuss”. Humanness would have prevailed instead.
‘SULLY’
But since there’s already a decision, the four employees have no choice but to seek legal remedy before the Civil Service Commission (CSC) or up to the Court of Appeals (CA) or Supreme Court (SC). Though it’s nerve-wracking they need to “fight” for their rights, dignity and benefits as well. After all, they’re neither hardcore felons nor corrupt actors.
If they can watch Clint Eastwood’s 2013 movie “Sully”, perhaps, they’ll be inspired to pursue a legal battle. Sully is a true-to-life story of plane Captain Chesly Sullenberger sometime in 2009 portrayed by Hollywood actor Tom Hanks.
UNDUE INJURY
Yes, I do agree with Atty. Nella’s legal contention that public office is a public trust. The respondents, therefore, must be held accountable for their action of using government vehicle beyond office hours, he underscored.
But as far as I knew, the respondents argued that they simply succumbed to an invite of their counterpart from the City Agriculture Office (OPA) of Victorias City for a “happy hour” over bottles of beer. In grateful appreciation, therefore, they refused to say no.
So, the legal argument in this case was centered on the three-hour delay of parking the government vehicle. And not on the drinking session per se as it was done after office hours.
CSC is clear about misconduct of government employees.
“It could be grave,” it stressed, “if it involves any of the additional elements of corruption, willful intent to violate the law or to disregard established rules, which must be established by substantial evidence.”
But in a jurisprudence: Office of the Ombudsman (petitioner) versus Cynthia Caberoy (respondent) (GR No. 188066), the SC’s Third Division, in its ruling penned by then Associate Justice Bienvenido L. Reyes on Oct. 22, 2014, put weight on the term undue injury.
Though Caberoy, principal of Ramon Avanceña National High School in Iloilo City, was found guilty by the Ombudsman for oppression and violation of Republic Act 3019 (Anti-Graft and Corrupt Practices Act), the High Tribunal affirmed the reversal order made by the CA, stressing that the “misdemeanors” committed by Caberoy didn’t cause any undue injury to the teacher- complainant, Angeles Tuares.
ESSENCE OF ABSOLUTION
Thus, being circumspect in this discussed case, I simply sojourn on the supposed application of the art of empathy and compassion. Such will truly define the essence of absolution.
This, as Dublin’s award-winning journalist John Connolly once said, “There is nobility in compassion, beauty in empathy, grace in forgiveness.”
But I think the most fitting phrase in this case was that of the late Princess Diana: “Carry out a random act of kindness, with no expectation of reward, safe in the knowledge that one day might do the same for you.”
In a nutshell, therefore, my fervent wish for Gov. Bong is to always choose compassion and make capitol a “kinder place” for everyone!/PN
