SC ruling affirming reinstatement of CHED exec Vitriolo ‘final, executory’

MANILA, Philippines — A Supreme Court ruling which affirmed the Court of Appeals’ decision to reinstate lawyer Julito D. Vitriolo to his former post as executive director of the Commission on Higher Education (CHED) has become final and executory.

Based on the entry of judgment, the high court’s Second Division through Judicial Records Office Assistant Chief Pagwadan S. Fonacier said the resolution of the court “on August 15, 2019 has become final and executory.”

The high court’s ruling affirmed the Court of Appeals’ decision ordering the reinstatement of Vitriolo who is a career executive service officer (Ceso) without loss or diminution in his salaries and benefits.

“In addition, he shall be paid his salary and such other emoluments corresponding to the period he was out of the service by reason of the judgment of dismissal decreed by the Ombudsman,” the decision upheld by the high court noted.

The Appeals Court in its ruling reversed the Office of the Ombudsman’s order for the dismissal of Vitriolo after he was found guilty of grave misconduct and gross neglect of duty in a complaint filed in 2015 by a former faculty member of the College of Physical Education at the Pamantasan ng Lungsod ng Maynila (PLM).

Vitriolo, the complaint said, failed to stop a diploma milling program and allowed the issuance of diploma of a physical education program under a suspended 1996 memorandum of agreement (MoA) between PLM and the National College of Physical Education (NCPE). The MoA had been suspended on 2003 after the Securities and Exchanges Commission (SEC) revoked the registration of the NCPE.

Ruling against the Ombudsman, the Appeals Court pointed out that contrary to the complaint, Vitriolo actually acted on the reported irregularity in the issuance of diplomas.

The Appeals Court said Vitriolo’s only infraction was his failure to reply to the complainant’s letter and communicated to him the actions taken by his office. The Appeals Court meted the penalty of suspension for 30 days and dismissed the charges of gross neglect of duty, grave misconduct, inefficiency and incompetence for lack of substantial evidence. /je