Reason and Concern

Time To Mourn

by Ronquillo C. Tolentino

Indeed, there is a season for  everything and a reason for every affair under the heavens as the Bible provides in the Ecclesiastes, inclusive of a time to mourn.

The death of 44 policemen belonging to the  elite Special Action Force on January 25, 2015 at Mamasapano, Maguindanao deserves national mourning even if President Aquino was not present during the arrival honors at Villamor Airbase on January 29, 2015.

I join our countrymen in mourning the death of the 44 policemen!

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Oftentimes, we read and hear people in the government being complained of for  gross negligence. A better understanding of  gross negligence can be found  in the Supreme Court decision in Brucal vs. Desierto, 501 Phil. 453,465-466 (2005, thus “ we held that gross negligence refers to negligence characterized by  the want of even slight care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally, with a conscious indifference to consequences in so far as persons may be affected. It  is the omission of that care which even inattentive and thoughtless men never   fail to take on their own property. In cases involving public officials, there is  gross negligence when a breach of duty is flagrant and palpable.”

It is emphasized  by the Supreme Court in Astillazo vs. Jamlid, 342 Phil. 219,237-238 (1997 the “ Pursuant to Section 23, Rule XIV of the Omnibus Rules Implementing Book V of Executive Order No.292 or the Administrative Code of 1987, gross negligence in the performance of duty is classified as a grave offense with the penalty of dismissal  imposed. Section 9 of the said Rule likewise provides that the penalty of dismissal shall carry with it the cancellation of eligibility, forfeiture of leave credits, retirement benefits and disqualification from re-employment in government service.”

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As election is proximate, we can also hear and read of local officials being complained of for misconduct. In GSIS vs. Mayordomo, 649 SCRA 667 citing Manuel vs. Calimag, Jr. 307 SCRA

657 that “To constitute as ground for disciplinary action, the act(s) complained of must have a “direct relation to and be connected with the performance of his official duties amounting to maladministration or wilful, intentional neglect or failure to discharge the duties of the office.” /MP