In its November 24, 2006 decision, the SC en banc presided by Chief Justice Artemio Panganiban affirmed the decision of the Ombudsman-Visayas who earlier ordered the dismissal of Farida T. Lucero from government service.
Lucero was hired as clerk of the LTO-7 on November 18, 1999 and detailed with the finance division where she was assigned to the cash section.
It was then LTO-7 regional director Porferio Mendoza who asked the Commission on Audit to conduct a surprise audit on the financial transaction of LTO-7 finance section in order to determine the extent of malversation of funds he had discovered.
State auditor Nora B. Tiu later confirmed the existence of anomalous activities at the LTO-7 regional office when she discovered 69 altered miscellaneous receipts prepared by Lucero.
Some of the receipts attached to the supporting documents on file at the LTO-7 finance section reflected lesser amounts, thereby abstracting the difference amounting to more than P46,000.
When Lucero was charged before the Ombudsman, she just denied the allegations against her, but the anti-graft investigators rejected her alibi.
Lucero then brought up the matter with the Court of Appeals, which also affirmed the decision of the Ombudsman finding Lucero guilty, but ruled that the Ombudsman does not have the power to order her dismissal.
The Court of Appeals claimed that the Ombudsman's power is only to recommend the imposition of penalty to the proper disciplining authority, but the Supreme Court has clarified that the appellate court was wrong.
The SC also barred Lucero from holding any government position and all of her benefits are forfeited in favor of the government. - Rene U. Borromeo/BRP