CASE DIGEST
REPUBLIC V. MANEJA
G.R. No. 209052, [June
23, 2021]
SECOND, LOPEZ, M.V
Dismissal from Service; CSC Rule-making Powers; Administrative law; Finality of CSC Decisions
The premature of a dismissal from the
service entitles the employee to the payment of backwages, even if the employee
is not fully exonerated on appeal. The decision of Civil Service Commission
Regional Office is not immediately executory and in subject to review by the Civil
Service Commission (CSC). The CSC has the power to classify offenses and impose
corresponding penalties through its rule-making powers.
Lyn Galarrita Cutamora (Cutamora) authorized Eulalia T. Maneja, a Secondary School Teacher, to process her salary loan application with the Manila Teachers Mutual Aid System (MTMAS) for P68,000. Maneja processed the loan but deposited the net proceeds of P13,021 into her own account without Cutamora's endorsement and appropriated the amount. Cutamora filed a complaint against Maneja for dishonesty before the Civil Service Commission Regional Office No. 10 (CSCRO No. X). The CSCRO No. X found Maneja guilty and imposed the penalty of dismissal, which was implemented by the DepEd pending Maneja’s appeal. However, the CSC later modified the penalty to three months' suspension. Maneja then filed for back wages, and questions CSC Resolution No. 06-0538 for invalidly classifying offenses of dishonesty with corresponding penalties of dismissal.
Whether CSC Resolution No. 06-0538,
which classified offenses of dishonesty with corresponding penalties, is a
valid exercise of the Civil Service Commission's rule-making powers.
YES. The resolution classifying offenses of
dishonesty with corresponding penalties is a valid exercise of the Civil
Service Commission's rule-making powers. The CSC is a constitutionally created
administrative agency that possesses executive, quasi-judicial and quasi-legislative
or rule-making powers. The CSC's rule-making power as a constitutional grant is
an aspect of its independence as a constitutional commission. However, as an
administrative agency, the rules that the CSC formulates must not override, but
must be in harmony with, the law it seeks to apply and implement. In this case,
CSC Resolution No. 06-0538 does not contradict EO No. 292 (the law which the
CSC seeks to enforce), rather it harmonizes with the law, and is within the
CSC's constitutional mandate as the central personnel agency. Hence it is
valid.
Whether Maneja is entitled to backwages
despite not being fully exonerated.
YES. Maneja is entitled to backwages due to
the premature execution of the CSCRO No. X decision. The premature execution,
while Maneja's appeal was pending, rendered her suspension unjustified. The
decision executed was not yet final and executory, making her dismissal
illegal. Citing precedent, the court ruled that premature execution of
dismissal could warrant an award of back salaries, even if the employee was not
completely exonerated from the charges. Maneja's dismissal was unjustified due
to the premature execution of CSCRO No. X's decision. Accordingly, Maneja is
entitled to backwages.
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