DISPOSITIVE:

WHEREFORE, the pet1t10n is GRANTED. The Decision dated September 27, 2018 and the Resolution dated January 14, 2020 of the Court of Appeals in CA-G.R. CEB-SP No. 09323 are REVERSED and SET ASIDE. The charge against Noel T. Jaspe, Ma. Negenia V. Araneta and Sanny Apuang for Grave Misconduct in OMB-V-A-13-0170 is DISMISSED.

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

HOW WILL COLLUSION BE PROVEN?

BY CLEAR AND CONVINCING EVIDENCE. 

On this score, Desierto v. Ocampo28 pronounced that the complainant charging collusion must prove it by clear-and convincing evidence, thus:

Collusion implies 2 secret understanding whereby one party plays into another’s hands for fraudulent purposes. It may take place between anci every contractor resulting in no competition, in which case, the government may declare a failure of bidding. Collusion may also ensue between contractors and the chairman and members of the PBAC to simulate or rig the bid.ding process, thus insuring the award to a favored bidder, to the-prejudice of the government agency anc! public ser•;ice. for such acts of the chairman and the members of the PBAC, they may be held administratively liable for conduct grossly prejudicial to the best interest of the government service. Collusion by and among the members of the PBAC and/or contractors submitting their bids may be determined from their collective acts or omissions before, during and after the bidding process. The complainants are burdened to prove such coll us-ion by clear and convincing evidence because if so proved, the responsible officials may be dismissed from the government service or meted severe administrative sanctions for dishonesty and conduct prejudicial to the government service.29 (Emphasis ours)

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WHAT IS GRAVE MISCONDUCT?

Grave misconduct is defined as the “wrongful, improper or unlawful conduct motivated by a premedi.tated, obstinate or intentional purpose.” It is not mere failure to comply with the law. Failure to comply must be deliberate and must be done in order to secure benefits for the offender •-r for some other person. 31

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WHAT EVIDENCE IS NEEDED TO PROVE MISCONDUCT?

COMPETENT EVIDENCE DERIVED FROM DIRECT KNOWLEDGE. NOT MERE ALLEGATIONS.

For a ~harge of grave _miscpnduct or any grave offense to prosper, therefore, the evidence against the respondent should be competent and must be derived from direct knowledge. Reliance on mere allegations, conjectures and suppositions, as in this case, vvarrants the dismissal of the charge.32 So must it be.

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SOME ACCUSED DID NOT APPEAL. WILL RESULT OF APPEAL EXONERATE THEM ALSO?

YES.

Notably, only petitioners Jaspe and Araneta actively · sought the reversal of the finding of grave misconduct in connection with the discharge of their function as BAC members. Nonetheless, the dismissal of the charge against petitioners should benefit Apuang, another BAC member, even if he did not join Jaspe and Araneta here, nor appealed on his own.

In Tropical Homes, Inc. v. Fortun,33 the Court held that the reversal of the judgment on appeal is binding only on the paiiies to the appealed case and does not affect or inure to the benefit of those who did not join or were not parties to the appeal except when there is a communality of interests where the rights and liabilities of the parties appealing are so interwoven and dependent on each other as to be inseparable, in which case 3. reversal as to one operates as a reversal to all. To be sure, there is communality of interests among J aspe, et al. as their alleged liabilities arose out of their collegial decision in the same proceeding of which they serve as BAC members. Hence, the reversal of petitioners’ liability also operates as a reversal.of Apuang’s liability although he did not appeal therefrom.

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