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    Ramos Vs Rada

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    Jane Ericka
    Moises R. Rada, a messenger for the Court of First Instance of Camarines Norte, Branch II, is charged with violating Section 12 of Civil Service Rule XVIII by accepting a private appointment with Avesco Marketing Corporation without prior written permission. While Rada did violate the rule, the court found his violation to be technical in nature since the private work did not interfere with his government duties. The court determined that Rada should receive the minimum penalty of reprimand and allowed him to seek retroactive permission from his department head to continue the private work, provided it does not negatively impact his government job.

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    Ramos Vs Rada

    Uploaded by

    Jane Ericka
    40 views2 pages
    Moises R. Rada, a messenger for the Court of First Instance of Camarines Norte, Branch II, is charged with violating Section 12 of Civil Service Rule XVIII by accepting a private appointment with Avesco Marketing Corporation without prior written permission. While Rada did violate the rule, the court found his violation to be technical in nature since the private work did not interfere with his government duties. The court determined that Rada should receive the minimum penalty of reprimand and allowed him to seek retroactive permission from his department head to continue the private work, provided it does not negatively impact his government job.

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    11.-Ramos-vs-Rada

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    Moises R. Rada, a messenger for the Court of First Instance of Camarines Norte, Branch II, is charged with violating Section 12 of Civil Service Rule XVIII by accepting a private appointment with Avesco Marketing Corporation without prior written permission. While Rada did violate the rule, the court found his violation to be technical in nature since the private work did not interfere with his government duties. The court determined that Rada should receive the minimum penalty of reprimand and allowed him to seek retroactive permission from his department head to continue the private work, provided it does not negatively impact his government job.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    40 views2 pages

    Ramos Vs Rada

    Uploaded by

    Jane Ericka
    Moises R. Rada, a messenger for the Court of First Instance of Camarines Norte, Branch II, is charged with violating Section 12 of Civil Service Rule XVIII by accepting a private appointment with Avesco Marketing Corporation without prior written permission. While Rada did violate the rule, the court found his violation to be technical in nature since the private work did not interfere with his government duties. The court determined that Rada should receive the minimum penalty of reprimand and allowed him to seek retroactive permission from his department head to continue the private work, provided it does not negatively impact his government job.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Republic of the Philippines

    SUPREME COURT
    Manila

    FIRST DIVISION

    A.M. No. 202 July 22, 1975

    RENE P. RAMOS, complainant,
    vs.
    MOISES R. RADA, respondent.

    CASTRO, J.:

    Moises R. Rada a messenger in the Court of First Instance of Camarines Norte,


    Branch II, is charged with a violation of Section 12 of Civil Service Rule XVIII, which
    provides as follows:

    Sec. 12. No officer or employee shall engage directly in any private


    business, vocation, or profession or be connected with any commercial,
    credit, agricultural or industrial undertaking without a written permission
    from the head of Department: Provided, That this prohibition will be
    absolute in the case of those officers and employees whose duties and
    responsibilities require that their entire time be at the disposal of the
    Government:....

    From the respondent Rada's letters of explanation and their annexes, dated
    December 16, 1973 and June 27, 1974, respectively, and the letter and its annexes,
    dated August 12, 1974, filed by the complainant Rene P. Ramos, by way of rejoinder to
    Rada's explanation, undisputed fundamental facts emerge that justify us in dispensing
    with a full-blown investigation of this administrative case.

    The respondent Rada receives a monthly salary of P267.75. On December 15,


    1972 he was extended an appointment by the Avesco Marketing Corporation, thru its
    president, Jimmy Tang, as representative to manage and supervise real properties
    situated in Camarines Norte which were foreclosed by the corporation. Rada accepted
    the appointment and discharged his duties as administrator. The administrative
    complaint against Rada was filed with the Department of Justice on October 3, 1973. He
    requested permission to accept the appointment on October 27, 1973. It is not indicated
    that his acceptance and discharge of the duties of the position of administrator has at all
    impaired his efficiency as messenger; nor has it been shown that he did not observe
    regular office hours.

    Indubitably, therefore, Rada has violated the civil service rule prohibiting
    government employees from engaging directly in a private business, vocation or
    profession or being connected with any commercial, credit, agricultural or industrial
    undertaking without a written permission from the head of the Department. But,
    indubitably, also, his private business connection has not resulted in any prejudice to the
    Government service. Thus, his violation of the rule — the lack of prior permission is a
    technical one, and he should be meted no more than the minimum imposable penalty,
    which is reprimand.
    The duties of messenger Rada are generally ministerial which do not require that
    his entire day of 24 hours be at the disposal of the Government. Such being his
    situation, it would be to stifle his willingness to apply himself to a productive endeavor to
    augment his income, and to award a premium for slothfulness if he were to be banned
    from engaging in or being connected with a private undertaking outside of office hours
    and without foreseeable detriment to the Government service. His connection with
    Avesco Marketing Corporation need not be terminated, but he must secure a written
    permission from the Executive Judge of the Court of First Instance of Camarines Norte,
    who is hereby authorized to grant or revoke such permission, under such terms and
    conditions as will safeguard the best interests of the service, in general, and the court, in
    particular.

    ACCORDINGLY, the respondent Moises R. Rada is adjudged guilty of a technical


    violation of Section 12 of Civil Service Rule XVIII, for which he is hereby reprimanded.
    He may however apply, if he so desires, for permission to resume his business
    connection with the corporation, in the manner above indicated.

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