House of Representatives Electoral Tribunal v. Panga-Vega, G.R. No. 228236 (Resolution), [January 27, 2021]

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House of Representatives Electoral Tribunal v. Panga-Vega

 G.R. No. 228236 (Resolution), [January 27, 2021]

EN BANC, LOPEZ, M.V

 

HRET Legal Capacity to Sue; Petition for Review against CSC decision to CA; CSC guidelines; OSG Legal Standing

 

The rules on maternity leave can be suppletorily applied to the Magna Carta of Women's special leave benefit. It emphasizes a liberal interpretation in favor of women's empowerment. Additionally, it affirms the expertise of administrative agencies like the CSC in matters within their jurisdiction which are accorded with great respect if not finality.

 

Atty. Daisy B. Panga-Vega, then Secretary of the House of Representatives Electoral Tribunal (HRET), requested a 15-day special leave under the Magna Carta of Women to undergo hysterectomy. HRET approved the leave not exceeding two months. After one month, Panga-Vega informed HRET of her readiness to resume duties, presenting medical certificates. HRET directed her to consume the full leave due to an ongoing investigation on her alleged alteration and tampering a minutes of a meeting. Panga-Vega appealed to the Civil Service Commission (CSC), which ruled in her favor, granting her both commuted money value and salary for actual services. HRET filed a Petition for Review assailing the foregoing Decision and Resolution of the CSC. The HRET argues that the CSC should not have applied suppletorily the rules on maternity leave to the special leave benefit under RA No. 9710. It also contends that Panga-Vega did not sufficiently comply with the "CSC Guidelines on the Availment of the Special Leave Benefits for Women Under RA No. 9710.

  

Whether the HRET, as the petitioner, has the legal capacity to initiate the case.

 NO. The House of Representatives Electoral Tribunal (HRET) lacked the authority to initiate the case due to the absence of explicit authorization from the Office of the Solicitor General (OSG) and the absence of a conflicting position. Under the law, OSG was constituted as the office tasked to represent the Government and its officers in the Court in which the Government, or any officer thereof, in his official capacity is a party. The OSG, however, may be excused from representing the Government, its agencies, and instrumentalities when there is an express authorization by the OSG, naming therein the legal officers who are being deputized in cases involving their respective offices, subject to its supervision and control, or when the OSG takes a position different from that of the agency it is duty bound to represent.

A perusal of the records shows that there was no express authorization by the OSG naming the Secretary and Deputy Secretary of the HRET as its deputized legal officers in filing this petition. There was also no proof, let alone an allegation, that the OSG took a position different from the HRET in this case. Thus, HRET had the no legal capacity to initiate the case and the Court has dismissed the petition.

 

Whether Panga-Vega complied with CSC Guidelines for her return to work.

YES. The Court accorded finality to the CSC's findings that Panga-Vega sufficiently complied with the CSC Guidelines, acknowledging the CSC's expertise. The Court suppletory applied the rules on maternity leave to the special leave benefit under the Magna Carta of Women, considering its purpose to protect women's health and welfare. A liberal interpretation was favored, asserting that the fundamental objective of RA No. 9710 is to protect the health and welfare of women. In examining the compliance of Atty. Daisy B. Panga-Vega with Civil Service Commission (CSC) Guidelines for her return to work, the Court deferred to the findings of the CSC, acknowledging its specialized knowledge and expertise in administrative matters. The Court emphasized the adequacy of Panga-Vega's compliance with the CSC Guidelines, particularly regarding the requisite medical certificate, and accorded finality to the CSC's determination. Therefore, her return to work was deemed appropriate.

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