Petitioner
Office of the Ombudsman
Respondent
Millado
Citation
G.R. No. 221506
Court
From Office of the Ombudsman to Court of Appeals (CA) to Supreme Court (SC)
Division
First Division
Ponente
Per Curiam
Decided
June 16, 2021

Summary

The Supreme Court resolved the administrative liability of Lt. Col. Millado regarding improper handling of Php36.77 million in Philippine Marine Corps funds intended for personnel allowances. While the Ombudsman found him guilty of grave misconduct and dishonesty warranting dismissal, the Court of Appeals reduced this to simple misconduct and conduct prejudicial to service with one-year suspension. The Supreme Court affirmed the CA, finding no substantial evidence of corruption or willful law violation for grave misconduct, nor disposition to deceive for dishonesty. The Court recognized Millado's good faith reliance on superior orders while acknowledging his failure to follow proper disbursement procedures. Since Millado had retired, the Court imposed a Php100,000 fine instead of suspension. This case demonstrates the distinction between grave and simple misconduct in administrative proceedings, emphasizing that intent and corruption must be proven for grave misconduct charges.

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By the Intellegal Editorial Board · June 16, 2021

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