Both the csc and the gsis moved for the

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Both the CSC and the GSIS moved for the reconsideration of the Decision of the Court of Appeals. In its 24 November 2010 Resolution, the Court of Appeals denied the motions. Hence, the petitions separately filed by the CSC and the GSIS before this Court. Petitioners CSC and GSIS raised a common issue in these cases, that is, whether the Court of Appeals committed a reversible error in reducing the penalty imposed on Clave from dismissal from service to suspension for one year. The petitions are meritorious. Simple neglect of duty is the failure to give attention to a task, or the disregard of a duty due to carelessness or indifference. The Court of Appeals sustained the findings of the GSIS and the CSC, and found that there was substantial evidence to hold Clave liable for simple neglect of duty. We agree with the Court of Appeals on this issue. In these cases, the Court of Appeals found that while Clave was not specifically authorized to delete headers, she had authority to cancel granted loans through the transaction code LSLC. Further, Clave was one of the users of the computer terminal SI42 that was used to cancel the header of Torneas loan. The Court of Appeals found that the computer terminal SI42 that was used to cancel the header of Torneas loan was also used by two persons, including Estoque who was previously found guilty of dishonesty and grave misconduct for cancelling the loans and headers of some GSIS members. Thus, it might be possible that Estoque used Claves operator ID and password in cancelling the header of Torneas loan. However, granting that this might be true, Clave still failed to explain why other persons knew her operator ID and password that were used in the cancellation of the header. The Court of Appeals correctly ruled that Clave was neglectful in safeguarding information that should have been known only to herself. However, we do not agree with the penalty imposed by the Court of Appeals. Simple neglect of duty is a less grave offense punishable by suspension of one month and one day to six months for the first offense and dismissal for the second offense. In reducing the penalty imposed on Clave, the Court of Appeals considered Section 53 of the Uniform Rules on Administrative Cases in the Civil Service, which states: Sec. 53. Extenuating, Mitigating, Aggravating, or Alternative Circumstances. - In the determination of the penalties to be imposed, mitigating, aggravating and alternative circumstances attendant to the commission of the offense shall be considered: The following circumstances shall be appreciated: j. Length of service in the government.
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POLITICAL LAW CASE DIGESTS 5 The Court of Appeals ruled that length of service in the government can mitigate or aggravate the penalty, depending on the circumstances of the case. The Court of Appeals considered Claves 30 years of service in the government, as well as her lack of bad faith, in reducing the penalty imposed by the GSIS and the CSC. While acknowledging that this was not Claves first offense for simple
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