I am a police officer assigned in Cavite. I was promoted last year; the Promotional Board, however, discovered that I failed to disclose in my CSC [Civil Service Commission] PDS [Personal Data Sheet] my pending case before the Regional Trial Court of Basilan. As a consequence, a pre-charge investigation was conducted and I was charged for dishonesty/misconduct. I am really bothered, because I did not intentionally omit such information in my CSC PDS. Is this act really punishable?
Dishonesty has been defined as a disposition to lie, cheat, deceive or defraud. It implies untrustworthiness, lack of integrity, lack of honesty, probity or integrity in principle on the part of the individual who failed to exercise fairness and straightforwardness in his or her dealings (Re: Deceitful Conduct of Ignacio S. del Rosario, A.M. No. 2011-05-SC, September 6, 2011).
Section 2 (C) (7), Rule 21, Part III of the National Police Commission (NAPOLCOM) Memorandum Circular No. 2007-001 states, “Any member of the police force who shall conceal, alter or distort the truth in a matter of fact relevant to his office, or connected with the performance of his duties shall be guilty of dishonesty. It shall include but not limited to the following:
a) Any member who shall knowingly enter in his information sheet or CSC 212 Form, or in his individual Police Profile, facts which are not true, or conceal or distort material facts;
b) Makes false report or entry in the police blotter or any department record;
c) Gives deliberate false testimony against or in favor of a person facing criminal or administrative charge;
d) Destroy, conceal or tamper [with]physical evidence to be presented in court or any office conducting investigation by exchanging, altering, damaging or diluting as to affect its original appearance, composition and content; and
e) Intentionally provide the public with false information affecting public interest.
Relative to the abovementioned provision of law is the decision of the Supreme Court in Advincula vs Dicen G. R. No. 162403, May 16, 2005), where the court said,
“[T]ime and again, we have emphasized that the Personal Data Sheet [PDS] is an official document required of government employee and official by the Civil Service Commission. It is the repository of all information about any government employee and official regarding his personal background, qualification and eligibility. Concealment of any information in the PDS, therefore, warrants a penalty for the erring official.”
In your situation, we regret to state that your failure to disclose your pending cases in your CSC-PDS is tantamount to dishonesty/misconduct.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com