Length of service in crimes involving moral turpitude

Dear PAO,

My daughter has been a stellar public employee. She has worked for the government for twenty (20) long years and has always been an outstanding employee. Unfortunately, she got married to an individual who happens to be married to another woman. A criminal case was filed against her for Bigamy and she, together with her husband, was convicted. Unfortunately, an administrative case was also filed against her by the first wife and a formal charge was instituted by the concerned government agency. Afterwards, she was meted out with the penalty of dismissal from the service. Thus, she is no longer eligible for her retirement benefits and is likewise perpetually disqualified from holding public office. Should the Civil Service Commission not consider her length of service and the fact that this was her first offense as a mitigating circumstance in her favor?

Gloria

Dear Gloria,

Please be informed of the Honorable Supreme Court's ruling in the case of Rosa Gonzalbo-Macatangay vs Honorable Civil Service Commission, GR 233995, 15 June 2022, Ponente: Honorable Associate Justice Ramon Paul Hernando, where the Supreme Court discussed that crimes involving moral turpitude are grave crimes and mitigating circumstances cannot be appreciated:

«The Court affirms that petitioner's length of service cannot be applied as a mitigating circumstance. The administrative offense of Conviction of a Crime Involving Moral Turpitude is a grave offense, punishable by dismissal from service. Bigamy cannot be taken lightly as its commission reflects the person's character. It involves moral turpitude as settled in jurisprudence. Petitioner flagrantly disregarded the law in marrying Modesto despite her knowledge of his prior and existing marriage; as the appellate court aptly observed, this „shows her moral depravity and cast[s] serious doubt on her fitness and integrity to continue in the public service.“ This is not reflective of what a public servant should be. It is expected that a public servant shall at all times exhibit the highest sense of discipline and integrity not only in the performance of duties, but also in the personal and private dealings with people. The CA is correct