Be = COMMISION | PerieimRN ANINAG, Jeffrey M. Number: _150908 Re: Grave Misconduct (Appeal) P ted: 23 Dee 2015 (D-2015-08018) vomulea Benen ene DECISION Jeffrey M. Aninag, Teacher, xxx National High School, Valenzuela City, appeals from the Resolution dated March 17, 2015 of the Department of Education (DepEd), Pasig City, affirming with modification the Resolution dated April 02, 2013 and Order dated June 06, 2013 of the Regional Director, DepEd-National Capital Region (DepEd-NCR) finding Aninag guilty of Grave Misconduct and modifying the penalty imposed upon him from one (1) year suspension to dismissal from the service. Pertinent portions ofthe assailed Resolution dated March 17,2015 of the DepEd read, as follows: oe * Jef G Misconduct ual caning a tudor named Ad, te olfense of Commie, tte Reysed Schele of Penaes tthe, Cnt Serie “ommissic -nalty ist offense Dismissal from the Service. sUMEREFORE, premises considered, the herein appeal is hereby DISMISSED for lack ‘of merit. ite penal of one (1) pete suspension from the service is fer MODIF: {ite penal of DISMISSAL FROM THE SERVICE is Pierete ‘Aninag. The Regional Director, Depkd. National opted Region is “neneby directed to inform this Office of te ‘ifetivity date Of he diame fom he sence of raponden leer i Asi, tan nis epee one ine ae ax “L ° THE HONORABLE DEPARTMENT SECRETARY COMMITTED ERROR IN AFFIRMING THE DECISION OF THE REGIONAL DIRECTOR (DepEd-NCR) DESPITE VIOLATION OF APPELLANT'S RIGHT TO DUE PROCESS AS THERE WAS SERIOUS FLAW IN THE CREATION OF THE INVESTIGATING COMMITTEE; [Nota Bene: ‘The real name of the victim and her classmate, tbe school and/or any eer information tending wo establish or ‘compromise thei deities are withheld in this Decision. The name ofthe victim and her classmate appear herein as AAA and ‘BBB, respectively. ‘The nane ofthe school apes xx National High School, This iin line withthe ruling of the Supreme ‘Court in People of the Philippines v. Cabalquinto(G. R. No, 167693, 19 September 2006, 502 SCRA.419) Ina Raceto Serve: Responsive, dcesible, Courteous and liffective Public Seroice 5 CSC Building, IBP Road, Consitation Hill, 1226 Quezon City =F 931-7935/981-7999/931-8092 « El csephil@vebmail.cic go.ph +. wwe: gouph2 AINAG, defy Me Page 2 ef “Zl, THE HONORABLE DEPARTMENT SECRETARY ERRED IN HOLDING THAT THE INVESTIGATING COMMITTEE THAT CONDUCTED THE FORMAL INVESTIGATION WAS LEGALLY CONSTITUTED AND HAS COMPETENT JURISDICTION; “Il, THE HONORABLE DEPARTMENT SECRETARY ERRED IN AFFIRMING THE DECISION AND FINDINGS OF THE REGIONAL DIRECTOR -NCR) DESPITE THE FACT THAT THE FORMAL IGATION AND ALL PROCEEDINGS ‘SUBSEQUENT THERETO ARE NULL AND VOID; “IV. THE HONORABLE DEPARTMENT SECRETARY ERRED IN ISSUING THE APPEALED RESOLUTION (MARCH 17, 2015) WITHOUT EXPRESSING CLEARLY AND DISTINCTLY THE FACTS, THE RULES AND LAWS ON WHICH THE SAME IS BASED; “¥, THE HONORABLE DEPARTMENT SECRETARY COMMITTED GRAVE ERROR IN AFFIRMING THE DECISION OF THE REGIONAL DIRECTOR WHICH HAS NO LEGAL | BASIS, ANCHORED ON FINDINGS OF FACTS WHICH ARE BASED ON ERRONEOUS AND INCOMPLETE RECORD, LACK OF IMPARTIALITY OF THE INVESTIGATING BODY AGAINST APPELLANT, ‘AND DENIAL OF THE RIGHT TO DUE PROCESS OF Records show that sometime in September 2010, at around 3:00 in the aftemoon, ‘Aninag requested AAA to help him on something and directed her to the school’s clinic. ‘AAA heeded Aninag’s request and while the two (2) were inside said clinic, Aninag sexually harassed AAA by grabbing and kissing her, even to the extent of showing his genitalia, In another occasion, sometime in January 2011, when AAA was about to go inside the stockroom to borrow some books, Aninag invited her inside and, right there and then, ‘touched her private parts and then seduced her to perform sexual communication with him. Thus, on February 16, 2011, AAA filed 2 Letter-Complaint addressed to the x0 National High School's Division Superintendent. Said complaint was received by the school’s division office, and then transmitted, together with her sworn statement, to the Women and Child Protection Desk of the Valenzuela City Police. In said complaint, AAA accused Aninag of committing Acts of Lasciviousness pursuant to Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act), ‘Subsequently, AAA was joined by some. teachers in her school who filed their respective complaint against Aninag before the School Principal. The School Principal forwarded their complaint to the School Division Superintendent, who in tum, forwarded their complaint to the Office of the Regional Director, DepEd National Capital Region,PANINAG, Jeftey Page 3 of 8 Based on said affidavits, the Regional Office ‘conducted its preliminary investigation and, after finding a prima facie case, issued a Formal ‘Charge for Grave Misconduct against Aninag on November 17, 2011, Anent the Formal Charge, the case was initially captioned with the teachers as the complaining parties,thus: ee “ARLENE MANIQUIZ, ET AL, Complainants, versus. ADM. CASE No. NCR 2011-064 For: Grave Misconduct “JEFFREY ANINAG, However, on February 13, 2012, complainants filed a motion for the amendment of ra eon tte case tht te compsinans be changed io AAA who bas cere et ‘eal complainant. On February 14, 2012, the Regional Office granted sald motion, and the caption of the case was then amended ‘accordingly. Thus, the amended caption reads, as follows: mx Complainant, versus ADM. CASE No. NCR 2011-064 For: Grave Misconduct “JEFFREY ANINAG, Respondent,” (On the other hand, the Formal Charge, thus, reads: cond juiat in September 2010 at around 3:00 o'clock in the afternoon while the student AAA was about 10 go home, you call and asked for help to do something in the Schoo! Evinic When the two of you were inside the clinic, you suddenly closed the door, grabbed