"In Civil Service Commission v. Catacutan,56 gross neglect of duty was differentiated from simple neglect of duty in this wise:
On one hand, gross neglect of duty is understood as the failure to give proper attention to a required task or to discharge a duty, characterized by want of even the slightest care, or by conscious indifference to the consequences insofar as other persons may be affected, or by flagrant and palpable breach of duty. It is the omission of that care which even inattentive and thoughtless men never fail to give to their own property. In cases involving public officials, there is gross negligence when a breach of duty is flagrant and palpable. Under the law, this offense warrants the supreme penalty of dismissal from service. Simple neglect of duty, on the other hand, is characterized by failure of an employee or official to give proper attention to a task expected of him or her, signifying a disregard of a duty resulting from carelessness or indifference. This warrants the penalty of mere suspension from office without pay.57 (Citations omitted)
Here, it is evident that respondent was grossly negligent in discharging her functions and unmindful of the consequences of her actions. Al though there is no proof that she acted with willful intent to register a spurious marriage, she consciously chose to violate the procedure in Administrative Order No. 1, which was meant to standardize the civil registration system and ensure its accuracy, completeness, and efficiency. Though her failure may not have involved a deliberate act to inflict harm on others, this is not necessary to constitute gross negligence. Her failure to act like a reasonably prudent and careful person would have is enough.
Accordingly, respondent actions in connection with the registration of Edmilao and Chu's spurious marriage constitute gross neglect of duty. A different view would not only undermine the Civil Registry, but erode the stability of our national records and our reliance on it."
OFFICE OF THE DEPUTY OMBUDSMAN FOR MINDANAO, PETITIONER, V. ANTONIETA A. LLAUDER, RESPONDENT.
G.R. No. 219062, January 29, 2020.
