G.R. No. 152093 January 24, 2012 National Power Corporation v.

Civil Service Commission

I. FACTS An administrative action was filed by the President of petitioner National Power Corporation (NPC) against the respondent Rodrigo A. Tanfelix, a Supervising Mechanical Engineer, for rigging the bidding for the construction of the wind break fence of its thermal power plants coal storage in Calaca, Batangas. The NPCs Board of Inquiry and Discipline (BID) found the respondent guilty o f grave misconduct for rigging the bidding to favour ALC Industries, Inc. (ALC). According to the board chariman of Ley Construction and Development Corp.(LCDC), and the head of the latters engineering department, Tanfelix offered one million t o each of the four pre-qualified bidders to let ALC win. At the same time included a P2 million fee on the winning bid for rigging and padding NPCs price so the winner could make it big. The NPC discipline board ordered Tanfelix be dismissed from service due to the findings. Tanfelix appealed to the Civil Service Commission (CSC) which affirmed the NPC-BID ruling. However, CSC reversed itself and exonerated Tanfelix. The CSC stated that the misconduct should have been in direct relation to and be connected with the performance of official duties. Tanfelix was neither a member of the NPC bids committee nor was there any proof that he influenced the members. NPC appeled to the court of appeals (CA) but the latter affirmed the ruling of CSC. II. ISSUE Whether or not the CSC correctly absolved Tanfelix of administrative liability for rigging the NPC bids since he was not a member of the bids committee. III. HELD Tanfelix is guilty of grave misconduct. IV. RATIO Tanfelix wrongfully and unlawfully used his position as the Supervising Mechanical Engineer to rig the NPC bids, Even if he was not a member of the bid committee, he was still able to gain access information about the bids and used his position to gather the prequalified bidders to perform his scheme of cheating NPC of large sums of money. Grave misconduct consists in government officials deliberate violation of a rule of law or standard of behaviour. It encompasses acts of corruption, clear intent to violate the law, or flagrant disregard of established rules. Rigging by a public official for personal gain is a specie of corruption. As a public officer, Tanfelix has he duty to protect the process of the public bidding in the NPC. A ruling that would absolve Tanfelix would encourage public officers who are not members of the bid committee to make an industry of rigging bids, using their offices and official reputations.