- Petitioner
- Filonila O. Cruz
- Respondent
- Hon. Celso D. Gangan
- Citation
- G.R. No. 143403
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Panganiban, J.
- Decided
- January 22, 2003
Summary
This case involves Dr. Filonila O. Cruz, a TESDA district director, whose government-issued cellular phone was stolen via bag slashing while riding the LRT on January 15, 1999. The Commission on Audit held her financially liable for the P4,238 loss, finding her negligent for choosing to ride the overcrowded LRT where she was vulnerable to theft. The Supreme Court reversed this decision, ruling that riding the LRT under her circumstances was not negligent per se, as she needed to reach a 3:00 PM meeting and had limited transportation options due to her position and pay. The Court emphasized that negligence cannot be presumed and must be proven with evidence, which was lacking in this case. The decision is significant for establishing that government employees cannot be held accountable for property loss due to criminal acts unless actual negligence is proven, and for recognizing the practical transportation realities faced by government workers.