CA affirms ex-Pagcor exec’s ouster for poll offense

By: Jerome Aning - 10 years ago

The Court of Appeals. FILE PHOTO

MANILA, Philippines—The Court of Appeals (CA) has upheld the dismissal of a Philippine Amusement and Gaming Corp. (Pagcor) official accused of vote-buying and electioneering during the May 2010 elections.

The appellate court’s 11th Division, in an 11-page decision dated Nov. 7 and issued Friday, ruled that the Civil Service Commission’s (CSC) dismissal of Valente Custodio, assistant vice president in Pagcor’s internal audit department, was done in accordance with the law and due process.

Substantial evidence

“Factual findings of administrative agencies are generally held to be binding and final so long as they are supported by substantial evidence in the record of the case,” the court ruled in the decision written by Justice Magdangal de Leon.

The other division members, Justices Stephen Cruz and Myra Garcia-Fernandez, concurred in the decision.

Court records showed that several employees of the internal audit department filed an administrative case against Custodio for electioneering and vote buying.

Campaign volunteers

In May 2010, then Pagcor chair Efraim Genuino, allegedly told Custodio to get 50 people from the department to volunteer in Genuino’s son Erwin’s campaign for mayor of Makati City.

Custodio brought about 20 department officers and staff to Trace College in Guadalupe, Makati, for a briefing, during which a purported vote buying operation was allegedly explained. On election day, the Pagcor employees allegedly gave out money to voters.

File petition

In November 2011, the new Pagcor management fined Custodio, prompting him to file a petition in the CSC.

In October 2012, the commission found him guilty of grave misconduct, engaging directly or indirectly in partisan political activities, and conduct prejudicial to the best interest of the service.

Politically motivated

Aside from dismissal, Custodio was also penalized with forfeiture of his retirement benefits, disqualification from employment in government service and cancellation of his civil service eligibility.

Custodio elevated the case to the Court of Appeals after the CSC denied his motion for reconsideration in February this year.

Custodio said his dismissal was politically motivated and his termination was invalid as it was based on statements made by biased witnesses and unverified affivadits. He said there was no substantial evidence to show that he had committed those offenses.

The appellate court, however, found no merit in Custodio’s petition for review, saying that he was given the full opportunity to address the charges against him.