THE Court of Appeals on Friday affirmed the dismissal from the service of special prosecutor II Evelyn Lucero for gross neglect of duty in mishandling the criminal cases against former First Lady Imelda Marcos.

In a 15-page decision penned by Associate Justice Josefina Guevara-Salonga, the CA 11th Division dismissed Lucero’s petition for review of the June 17, 2004 resolution of the Office of the Ombudsman finding her guilty of administrative offense and conduct prejudicial to the interest of the service covered by RA 6713 or the Ethical Standards Law for Public Officials and Employes.

The CA said petitioner’s arguments give away her "lack of the requisite trustworthiness and nobility of mind and character which all officers serving under the Office of the Ombudsman must possess at all times. It is a rudimentary quality of integrity, of being morally certain ‘whose side’ they are on."

The case against Lucero stemmed from her handling of two cases for malversation filed against Marcos in 1994 for alleged anomalies committed while she was Minister of Human Settlements. Also named respondents in the case were her deputy minister Jose Conrado Benitez, assistant finance manager Gilbert Dulay and assistant regional operations manager Rafael Zagela.

It was the late Sandiganbayan Presiding Justice Francis Garchitorena himself during the trial who pointed out Lucero’s ineptness when she failed to prepare a list of exhibits for the prosecution, did not present two affidavits that would back up the lone testimony of COA auditor Iluminada Cortez, and had folders containing the audit team’s inspection of accounts missing.

Lucero also moved for several continuances of the proceedings and failed to file a crucial comment or opposition to a pleading filed by the accused in the Marcos case.

Lucero was preventively suspended in April 2002 by Ombudsman Aniano Desierto and an administrative case against her was filed by the Ombudsman’s Fact-Finding and Intelligence Bureau.