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MANILA – The Court of Appeals (CA) upheld its earlier judgment dismissing the petition of outgoing party-list Rep. Rodante Marcoleta, who sought harsher punishment from the Civil Service Commission (CSC) for allowing a student with incomplete records to graduate.

Marcoleta’s application for reconsideration was denied by the CA because he “failed to provide any fresh or substantial argument that merits a reconsideration of the challenged decision” in the case of Alona Mallari, principal of San Sebastian Elementary School (SSES) in Tarlac.

Mallari was suspended for three months by the CSC in 2018 for simple misconduct, overturning the Department of Education’s (DepEd) decision to dismiss her from service for significant misconduct on August 31, 2017.

The CA Special 9th Division originally ruled on March 2, 2021, that the lawmaker had legal standing to challenge the CSC ruling.

Marcoleta reported Mallari to the Department of Education (DepEd) for assisting a student whose report card had been withheld by his former school, Precious Child School, Inc. (PCSI), due to unpaid bills of PHP106,206.

Mallari accepted the student despite the lack of a PCSI report card and began a fund-raising campaign to cover the outstanding expenses.

Mallari met with PCSI principal Aida Resurreccion on March 7, 2016, to seek the student’s report card, and handed over PHP6,000 in cash and a PHP100,000 post-dated check.

The PCSI declined, demanding payment in full in cash.

Mallari stated that when the student began to show indications of sadness, she went with the parents to the Tarlac City DepEd Schools Division to seek that the student be added to the list of graduates.

Marcoleta’s plea for reconsideration was granted by the CSC because he was considered a mere witness to the proceedings as a private complaint.

The CA concurred, stating that the DepEd, as the “government party charged with the prosecution of the matter or the discipline authority,” was the proper party to challenge the CSC decision.

“No private interest is involved in an administrative case because the offense committed is against the government,” it said, referring to Marcoleta.

“Petitioner, as a mere witness, has no right to appeal the CSC’s judgment because the right to appeal belongs to the government party charged with the prosecution of the case, or the discipline authority of private respondent,” read the February 21 judgement, which was just released online.

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