CSC v. Sojor | Nice May 22, 2008 THE CIVIL SERVICE COMMISSION, petitioner, COMMISSION, petitioner, vs. HENRY A. SOJOR, respondent. REYES, R.T. R. T.,, J. NATURE: Rule 45 Petition SUMMARY: During SUMMARY: During his f irst term as President of CPC, ! "omplaints for dishonesty, dishonesty, grave mis"ondu"t, falsifi"ation falsifi"ation of offi"ial do"uments, and nepotism #ere filed against $o%or #ith the C$C&Regional 'ffi"e. $o%or "ontested the %urisdi"tion of the the C$C&R', alleging that he #as a presidential presidential appointee. (he (he C$C&R' found merit merit in the "omplaints, "omplaints, so it formally "harged $o%or #ith the "orresponding administrative "ases. $o%or appealed to the C$C, #hi"h found him guilty and meted out the penalty of dismissal. $o%or appealed to the C), #hi"h reversed the C$C and held that it had no %urisdi"tion. (he $C reversed the C), holding that the C$C and CPC*s +'( had "on"urrent %urisdi"tion over the dis"ipline of university offi"ials, fa"ulty, fa"ulty, and staff. DOCTRINE: )lthough DOCTRINE: )lthough the +'R of 'R$- is given the spe"ifi" po#er under R) 2 to dis"ipline its employees and offi"ials, there is no sho#ing that su"h po#er is e/"lusive. hen the la# 1esto#s upon a government 1ody the %urisdi"tion to hear hear and de"ide "ases involving spe"ifi" spe"ifi" matters, it is to 1e presumed that su"h su"h %urisdi"tion is e/"lusive unless it 1e proved that another 1ody is lie#ise vested #ith the same %urisdi"tion, in #hi"h "ase, 1oth 1odies have "on"urrent %urisdi"tion over the matter. FACTS: )ugust 3, 33 enry $o%or #as appointed appointed 1y President )6uino as president of the Central isayas isayas Polyte"hni" College 7CPC in Dumaguete. 9une 3: R) 822, or the ;igher . 9une 25, 2004 CPC #as "onverted into the egros 'riental $tate -niversity 7'R$-. ) +oard of Regents 7+'R su""eeded the +'( as its governing 1od y. +efore his first term ended, ! separate administrative "omplaints against $o%or #ere filed 1y CPC fa"ulty mem1ers 1efore the C$C Regional 'ffi"e 7C$C&R' in Ce1u City Case 3 Complaint for dishonesty, grave mis"ondu"t and "ondu"t pre%udi"ial to the 1est interest of o the servi"e, alleging that $o%or approved the release of salary differentials despite the a1sen"e of the re6uired Plantilla and $alary )d%ustment )d%ustment ?orm and valid appointments. Case 2 Complaint for dishonesty, mis"ondu"t mis"ondu"t and falsifi"ation of offi"ial do"uments, alleging that o $o%or mali"iously allo#ed the antedating and falsifi"ation of the re"lassifi"ation differential payroll, to the pre%udi"e of instru"tors and professors #ho have pending re6uest f or ad%ustment of their a"ademi" rans. Case ! Complaint for nepotism filed 1y a former part&time instru"tor of CPC, alleging that $o%or o appointed his half&sister,
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(he C$C dismissed his appeal and authori=ed the C$C&R' to pro"eed #ith the investigation. $o%or #as also preventively suspended for 0 days. (he C$C r uled that it had "on"urrent %urisdi"tion #ith the +'( of the CPC, to wit $in"e the President of a state "ollege is appointed 1y the +oard of RegentsE(rustees of the "ollege o "on"erned, it is "rystal "lear that he is not a presidential appointee. (herefore, it is #ithout dou1t that $o%or, 1eing the President of a state "ollege 7CPC, is #ithin the dis"iplinary %urisdi"tion of the Commission. (he Commission and the CPC +oard of (rustees have "on"urrent %urisdi"tion over "ases against offi"ials and employees of the said agen"y. Pursuant to the -niform Rules on )dministrative Cases in the Civil $ervi"e, $o%or, 1eing a third o level offi"ial, is #ithin the dis"iplinary %urisdi"tion of the Commission Proper. (hus, stri"tly speaing, the Commission has the sole %urisdi"tion to issue the formal "harge against $o%or. o#ever, sin"e the C$C&R' already issued the formal "harges against him, it is authori=ed to pro"eed #ith the formal investigation of the "ase against $o%or.F $o%or appealed the C$C resolutions to the C) via a petition for certiorari and prohi1ition. e alleged that the C$C a"ted #ith B)D@ o the C$C en"roa"hed upon the a"ademi" freedom of CPC@ and o the po#er to remove, suspend, and dis"ipline the president of CPC #as e/"lusively lodged in the o +'( of CPC. $eptem1er 2, 2004 the C) issued a #rit of prelim in%un"tion, so the formal investigation of the administrative "harges against $o%or 1efore the C$C&R' #as suspended. (he C) thereafter ruled in favor of $o%or, annulling the C$C resolutions. t ruled that the po#er to appoint "arries #ith it the po#er to remove or to dis"ipline. t also de"lared o that the ena"tment of R) 2 in 2004, #hi"h "onverted CPC into 'R$-, did not divest the +'( of the po#er to dis"ipline and remove its fa"ulty mem1ers, administrative offi"ials, and employees. $o%or #as appointed as president of CPC 1y the +'(. (he po#er of the +'( to remove and o dis"ipline erring employees, fa"ulty mem1ers, and administrative offi"ials as e/pressly provided for under R) 822 is also granted to the +'R of 'R$- under $e"tion : 3 of R) 2. <' 22, #hi"h grants dis"iplinary %urisdi"tion to the C$C over all 1ran"hes, su1divisions, o instrumentalities, and agen"ies of the government, in"luding B'CCs #ith original "harters, is a general la#. en"e, it does not prevail over R) 2, a spe"ial la#. ISSUE #1: W/N Sojor is !r" o "$% &i'i( s%r'i&% )YES* RATIO #1: • (he Constitution grants to the C$C administration over the entire "ivil servi"e. )s defined, the "ivil servi"e em1ra"es every 1ran"h, agen"y, su1division, and instrumentality of the government, in"luding every B'CC. t is further "lassified into "areer and non&"areer servi"e positions. • Career servi"e positions2 are those #here 73 entran"e is 1ased on merit and fitness or highly te"hni"al 6ualifi"ations@ o 72 there is opportunity for advan"ement to higher "areer positions@ and o 7! there is se"urity of tenure. o •
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1 Power and Duties of Governing Boards. G (he governing 1oard shall have the follo#ing spe"ifi" po#ers and duties in addition to its general po#ers of administration and e/er"ise of all the po#ers granted to the 1oard of dire"tors of a "orporation under $e"tion !> of +atas Pam1ansa +lg. >8, other#ise no#n as the Corporation Code of the Philippines/ / / / to fi/ and ad%ust salaries of fa"ulty mem1ers and administrative offi"ials and employees / / /@ !+ "o r%-o'% "$%- or &!s% i+ !&&or!+&% i"$ "$% r%0ir%-%+"s o % ro&%ss o (!.
2 (hese in"lude73 'pen Career positions for appointment to #hi"h prior 6ualifi"ation in an appropriate e/amination is re6uired@ 72 Closed Career positions #hi"h are s"ientifi", or highly te"hni"al in nature@ these in"lude the fa"ulty and a"ademi" staff of state "olleges and universities, and s"ientifi" and te"hni"al positions in s"ientifi" or resear"h institutions #hi"h shall esta1lish and maintain their o#n merit systems@ 7! Positions in the Career Personnel of government&o#ned or "ontrolled "orporations, #hether performing governmental or proprietary fun"tions, #ho do not fall under the non&"areer servi"e@ and 7: Permanent la1orers, #hether silled, semi&silled, or unsilled.
Career positions are further grouped into three levels.
3 (he on&Career $ervi"e shall in"lude73
4 $e"tion 4. Jurisdiction of the Civil Service Commission. G (he Civil $ervi"e Commission shall hear and de"ide administrative "ases instituted 1y, or 1rought 1efore it, dire"tly or on appeal, in"luding "ontested appointments, and shall revie# de"isions and a"tions of its offi"es and of the agen"ies atta"hed to it.E5&%" !s o"$%ris% ro'i% 2 "$% Co+s"i""io+ or 2 (!, "$% Ci'i( S%r'i&% Co--issio+ s$!(( $!'% "$% i+!( !"$ori"2 "o !ss o+ "$% r%-o'!(, s%!r!"io+ !+ ss%+sio+ o !(( oi&%rs !+ %-(o2%%s i+ "$% &i'i( s%r'i&% !+ o+ !(( -!""%rs r%(!"i+3 "o "$% &o+&", is&i(i+% !+ %i&i%+&2 o s&$ oi&%rs !+ %-(o2%%s. $e"tion 5. Jurisdiction of the Civil Service Commission Proper . G (he Civil $ervi"e Commission Proper shall have %urisdi"tion over the follo#ing "ases ). Dis"iplinary /// 5. Co-(!i+"s !3!i+s" Ci'i( S%r'i&% oi&i!(s !+ %-(o2%%s $i&$ !r% +o" !&"% o+ 2 "$% !3%+&i%s !+ s&$ o"$%r &o-(!i+"s r%0iri+3 ir%&" or i--%i!"% !&"io+, i+ "$% i+"%r%s" o js"i&%@ /// +. on&Dis"iplinary 3. D%&isio+s o Ci'i( S%r'i&% Co--issio+ R%3io+!( Oi&%s ro3$" %or% i"@ /// $e"tion >. Jurisdiction of Civil Service Regional Offices . G (he Civil $ervi"e Commission Regional 'ffi"es shall have %urisdi"tion over the follo#ing "ases ). Dis"iplinary 3. Co-(!i+"s i+i"i!"% 2, or ro3$" %or%, "$% Ci'i( S%r'i&% Co--issio+ R%3io+!( Oi&%s ro'i% "$!" "$% !((%3% !&"s or o-issio+s %r% &o--i""% i"$i+ "$% jrisi&"io+ o "$% R%3io+!( Oi&%, i+&(i+3 Ci'i( S%r'i&% %5!-i+!"io+ !+o-!(i%s or irr%3(!ri"i%s !+ "$% %rso+s &o-(!i+% o !r% %-(o2%%s o !3%+&i%s, (o&!( or +!"io+!(, i"$i+ s!i 3%o3r!$i&!( !r%!s@ ///
and su"h other duties and "onditions as it may deem proper@ to grant them, at its dis"retion, leaves of a1sen"e under su"h regulations as it may promulgate, any provision of e/isting la# to the "ontrary not#ithstanding@ !+ "o r%-o'% "$%- or &!s% i+ !&&or!+&% i"$ "$% r%0ir%-%+"s o % ro&%ss o (!. • erily, the +'R of 'R$- has the sole po#er of administration over the university. +ut this po#er is not e/"lusive in the matter of dis"iplining and removing its employees and offi"ials. • )lthough the +'R of 'R$- is given the spe"ifi" po#er under R) 2 to dis"ipline its employees and offi"ials, "$%r% is +o s$oi+3 "$!" s&$ o%r is %5&(si'%. W$%+ "$% (! %s"os o+ ! 3o'%r+-%+" o2 "$% jrisi&"io+ "o $%!r !+ %&i% &!s%s i+'o('i+3 s%&ii& -!""%rs, i" is "o % r%s-% "$!" s&$ jrisi&"io+ is %5&(si'% +(%ss i" % ro'% " $!" !+o"$%r o2 is (i%is% '%s"% i"$ "$% s!-% jrisi&"io+, i+ $i&$ &!s%, o"$ oi%s $!'% &o+&rr%+" jrisi&"io+ o'%r "$% -!""%r. • )ll mem1ers of the "ivil servi"e are under the %urisdi"tion of the C$C, unless other#ise provided 1y la#. Career or non&"areer, a "ivil servi"e offi"ial or employee is #ithin the %urisdi"tion of the C$C. • n University of the Philippines v Regino, the $C stru" do#n the "laim of e/"lusive %urisdi"tion of the -P +'R to dis"ipline its employees. t #as ruled therein that )s a mere government&o#ned or "ontrolled "orporation, -P #as "learly a part of the Civil $ervi"e o under the 3:! Constitution and no# "ontinues to 1e so 1e"ause it #as "reated 1y a spe"ial la# and has an original "harter. As ! &o-o+%+" o " $% Ci'i( S%r'i&%, U; is "$%r%or% 3o'%r+% 2 ;D <=> !+ !-i+is"r!"i'% &!s%s i+'o('i+3 "$% is&i(i+% o i"s %-(o2%%s &o-% +%r "$% !%((!"% jrisi&"io+ o "$% Ci'i( S%r'i&% Co--issio+.F • n Camacho v Gloria, the $C affirmed that a "ase against a university offi"ial may 1e filed either #ith the university*s +'R or dire"tly #ith the C$C, ruling that (he Civil $ervi"e Rules em1odied in <' 22 re"ogni=e the po#er of the $e"retary and the o university, through its governing 1oard, to investigate and de"ide matters involving dis"iplinary a"tion against offi"ers and employees under their %urisdi"tion. O &ors% +%r EO 787, ! &o-(!i+" !3!i+s" ! s"!"% +i'%rsi"2 oi&i!( -!2 % i(% %i"$%r i"$ "$% +i'%rsi"2?s 6o!r o R%3%+"s or ir%&"(2 i"$ "$% Ci'i( S%r'i&% Co--issio+, !("$o3$ "$% CSC -!2 %(%3!"% "$% i+'%s"i3!"io+ o ! &o-(!i+" !+ or "$!" ros%, -!2 %"i@% !+2 %!r"-%+", !3%+&2, oi&i!( or 3ro o oi&i!(s "o &o+&" s&$ i+'%s"i3!"io+.F • (hus, C$C validly too "ogni=an"e of the administrative "omplaints dire"tly filed against $o%or 1efore the C$C&R', "on"erning violations of "ivil servi"e rules. ISSUE #: W/N 3i'i+3 jrisi&"io+ "o "$% CSC o'%r +i'%rsi"2 !&("2 !+ s"! 'io(!"% "$% ri+&i(% o !&!%-i& r%%o- )NO* RATIO #: • )"ademi" freedom en"ompasses the freedom to determine #ho may tea"h, #ho may 1e taught, ho# it shall 1e taught, and #ho may 1e admitted to study. (he $C has re"ogni=ed that institutions of higher learning have the freedom to de"ide for themselves the 1est methods to a"hieve their aims and o1%e"tives, free from outside "oer"ion, e/"ept #hen the #elfare of the general pu1li" so re6uires. (hat prin"iple, ho#ever, finds no appli"ation to the present "ase. (he administrative "omplaints filed against • $o%or involve violations of "ivil servi"e rules. e is fa"ing "harges of nepotism, dishonesty, falsifi"ation of offi"ial do"uments, grave mis"ondu"t, and "ondu"t pre%udi"ial to the 1est interest of the servi"e. (hese are "lassified as grave offenses under "ivil servi"e rules, punisha1le #ith suspension or even dismissal. (he $C has held that the guaranteed a"ademi" freedom does not give an institution the un1ridled authority • to perform a"ts #ithout any statutory 1asis. ?or that reason, a s"hool offi"ial, #ho is a mem1er of the "ivil servi"e, may not 1e permitted to "ommit violations of "ivil servi"e rules under the %ustifi"ation that he #as free to do so under the prin"iple of a"ademi" freedom. ISSUE #B: W/N "$% o&"ri+% o &o+o+!"io+ !(i%s )NO* RATIO #B: • $o%or*s argument is appointment to the position of president of 'R$-, despite the pending administrative "ases against him, served as a "ondonation 1y the +'R of the alleged a"ts imputed to him. $alalima and )guinaldo are not appli"a1le. Respondents in the mentioned "ases are ele"tive offi"ials, unlie • $o%or #ho is an appointed offi"ial. ndeed, ele"tion e/presses the sovereign #ill of the people. -nder the prin"iple of vo! populi est suprema le! , the re&ele"tion of a pu1li" offi"ial may, indeed, supersede a pending administrative "ase. (he same "annot 1e said of a re&appointment to a non&"areer position. (here is no sovereign #ill of the • people to spea of #hen the +'R re&appointed respondent $o%or to the post of university president. DIS;OSITION ;%"i"io+ RANTED.
