• GILBERT P. BAYORAN
The Civil Service Commission (CSC) has cleared former Negros Occidental Assistant Provincial Administrator Ma. Mina Pellejo of grave misconduct and gross neglect of duty after finding no substantial evidence to support it.
However, the CSC modified the penalty of dismissal imposed upon her to only three months of suspension instead of dismissal from service.
Pellejo, who was then the concurrent officer-in-charge (OIC) of the Negros Occidental Comprehensive Health Program (NOCHP), was dismissed from service by Governor Eugenio Jose Lacson in February 2022, after she was found guilty of gross neglect of duty and grave misconduct.
While Pellejo was still the NOCHP OIC, she was accused of incurring a total expenditure of P86.4 million for 2019, causing it to suffer an excess of P1.6 million in its annual budget for that year.
In a 15-page decision promulgated on Jan. 12, 2026, the CSC stated that “(t)he evidence on record fails to demonstrate that Pellejo exercised direct control or discretion over the determination of the eligibility of NOCHP beneficiaries or that she signed the consolidated voucher for replenishment without any supporting documents. There is no evidence presented to support the allegations of malversation or that she has benefitted personally from the alleged grant or approval of the release of NOCHP benefits to questionable or unverified members.”
“Accordingly, it is clear that Pellejo did not commit malversation in any of the modes contemplated under the law. In the absence of proof of misappropriation, conversion, consent, or culpable negligence amounting to malversation, the charge for grave misconduct cannot prosper. There is likewise no showing of flagrant disregard of established rules, willful intent to violate the law, or evidence of corrupt motive,” the CSC decision stated.
The CSC further said that “the records are devoid of any substantial evidence establishing the elements of simple misconduct or any other form of misconduct. Misconduct necessarily involves a wrongful, improper, or unlawful conduct directly related to the performance of official functions. In this case, there is no showing that Pellejo’s acts were tainted by bad faith, corrupt motive, or intentional wrongdoing. Thus, there is no basis to hold Pellejo administratively liable for grave misconduct, or for any kind of misconduct.”
On the charge of gross neglect of duty, the CSC cited the Arias Doctrine outlined in the case of Arias vs. Sandiganbayan (G.R. No. 81563, 19 December 1989) and held that “a detailed re-examination of the documents submitted to Pellejo must be prompted by some added reason. However, the records fail to show any instance wherein Pellejo signed doubtful or anomalous vouchers, or any case where invalid, improper, or illegal documents were submitted”.
However, the CSC noted that Pellejo is not completely absolved from administrative liability.
As the NOCHP OIC, she was still duty-bound to exercise due diligence in ensuring that NOCHP funds were properly managed and disbursed, it said.
The CSC said her failure to exercise reasonable diligence in managing the NOCHP funds renders her liable for simple neglect of duty.
In a statement, Pellejo said she is grateful that after almost four years, she is now vindicated of the grave administrative charges leveled against her.
Still, the quest for justice continues because her appeal was only partly granted, she added.
The CSC, citing “budget overrun”, found her guilty of simple neglect of duty with a penalty of three months suspension, instead of dismissal from the service imposed by Lacson.
The CSC decision stated that “(t)his budget overrun reflects a lack of stringent financial oversight and a failure to implement necessary controls to ensure that expenditures remained within the program’s allocated resources”.
“Our stand remains to be that NOCHP did not incur any budget deficit. This stand is supported by the records of the case,” Pellejo maintained, adding that she filed a motion for partial reconsideration of the CSC decision. | GB
