The Ombusdman said that the former CHED officials should only be charged with simple misconduct.

The Office of the Ombudsman has ordered the three month suspension of former Commission on Higher Education (CHED) Executive Director Julito Vitriolo after it found him guilty of simple misconduct.

The complaint was anchored on Vitriolo’s issuance of a memorandum dated 4 June 2004 recommending to CHED Region IVB Director, Dr. Ma, Rita Ortiz, the issuance of a provisional permit in favor of St. Anthony College of Science and Technology to offer the first and second year levels of the Bachelor of Science in Nursing program for School Year 2004-2005 in alleged contravention of CHED en banc resolution which disapproved said school’s application.

In the complaint filed by former CHED Chairperson Patricia Licuanan, she said Vitriolo made it appear that the CHED approved the application of the school, when in truth, the school’s application was among those that were disapproved for failure to comply with the strict requirements to offer a nursing course.

Thus, Vitriolo should be charged of Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service, but the Ombusdman said that the former CHED officials should only be charged with simple misconduct.

“Respondent should be held liable for simple misconduct and not grave misconduct, in the absence of proof that he was motivated by ill will, sinister motive or corrupt purpose when he issued the memorandum,” said the Ombudsman. “There is insufficient evidence too that his act constituted Conduct Prejudicial to the Best Interest of the Service.”

The Ombudsman also said the act of Vitriolo did not tarnish the integrity of the CHED as Higher Education Institutions whose previous applications for government permits to offer nursing programs were accorded the opportunity to appeal or request reconsideration as long as certain conditions were satisfied.

“Indubitably, Vitriolo issued the memorandum without due regard to the policies and guidelines of CHED. He failed to observe that degree of circumspection expected of him as a member of the Appeals Committee,” the Ombudsman said.