CA reverses dismissal of daycare worker

CA reverses dismissal of daycare worker

MANILA – The Court of Appeals (CA) has ordered the reinstatement of a government daycare worker who was dismissed for failing to file a liquidation report on her PHP12,000 cash advance for travel expenses.

The decision written by Associate Justice Marilyn Lagura-Yap and recently published online stated that the CA 20th Division absolved Samar native Ma. Rosario L. Achazo of gross neglect of duty.

“At first glance, Achazo might have dug herself into a hole by failing to comply with the Ombudsman’s directives for her to file (a) counter-affidavit and position paper. However, such failure can be attributed to her mistaken belief that Pinabacdao’s Office of the Municipal Accountant had already submitted all the relevant documents pertaining to the liquidation of her cash advances,” the court said.

The CA also noted that the charge occurred in 2010 and 2011 but the case was brought forth only in 2016.

“As such, Achazo’s delay and difficulty in securing the relevant documents is understandable,” the tribunal ruled.

The CA ordered Achazo reinstated to her former or equivalent position, without loss of seniority or diminution in her salaries and benefits.

In addition, the court ordered that she be paid her salary and other emoluments corresponding to the period she was out of the service. (PNA)

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