Case Digest (G.R. No. 136480)
Facts:
The case involves Lacsasa M. Adiong as the petitioner and Nasiba A. Nuska as the respondent. On December 6, 1994, Mayor Sultan Serad A. Batua appointed Nuska as the Municipal Local Civil Registrar of Ditsaan-Ramain, Lanao del Sur, with the appointment being approved by the Civil Service Commission on December 9, 1994. On June 30, 1995, Mayor Adiong issued a memorandum terminating the appointments of all municipal employees, instructing them to clear their accountabilities. A subsequent memorandum on July 1, 1995, clarified that the termination applied only to temporary or casual workers and required those with permanent appointments to submit their appointment documents. Nuska failed to submit her appointment papers and did not make a courtesy call to the new mayor, leading to her termination and the appointment of Nanayaon Samporna in her place. On August 27, 1995, Nuska requested reinstatement and back salaries from July 1 to August 31, 1995, but Adiong did not respond. Con...
Case Digest (G.R. No. 136480)
Facts:
- Appointment of Nasiba A. Nuska: On December 6, 1994, Mayor Sultan Serad A. Batua appointed Nasiba A. Nuska as Municipal Local Civil Registrar. This appointment was approved by the Civil Service Commission (CSC) on December 9, 1994.
- Mass Termination Memorandum: On June 30, 1995, Mayor Lacsasa M. Adiong issued a memorandum terminating the appointments of all municipal employees, requiring them to clear their money and property accountabilities. A follow-up memorandum on July 1, 1995, clarified that the termination applied only to temporary or casual workers, while permanent appointees were required to submit copies of their appointments.
- Termination of Nuska: Due to Nuska’s failure to submit her appointment papers and her failure to make a courtesy call to Mayor Adiong, her services were terminated, and Nanayaon Samporna was appointed in her place.
- Request for Reinstatement: On August 27, 1995, Nuska wrote to Mayor Adiong requesting reinstatement and payment of back salaries for the period July 1, 1995, to August 31, 1995. When no action was taken, she appealed to the CSC on March 11, 1996.
- CSC Resolution: On January 28, 1997, the CSC ruled in favor of Nuska, ordering her reinstatement and payment of back salaries. Mayor Adiong’s motion for reconsideration was denied on December 11, 1997.
- Court of Appeals Decision: Mayor Adiong filed a petition with the Court of Appeals, which dismissed the petition and affirmed the CSC’s resolution on September 15, 1998. A motion for reconsideration was also denied on November 18, 1998.
Issue:
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Ruling:
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Ratio:
- Security of Tenure: Nuska, as a permanent appointee, enjoyed security of tenure under the Constitution and civil service laws. She could not be removed without just cause and due process.
- Grounds for Termination Invalid:
- Failure to make a courtesy call is not a valid ground for termination.
- Failure to submit appointment papers does not justify dismissal, especially when there was no evidence that Nuska was informed of the requirement.
- Alleged abandonment of office was unfounded, as Nuska consistently expressed her intention to return to work and contested her termination.
- Due Process Violation: Nuska was not given an opportunity to explain her side or be heard before her termination, violating her right to due process.
- Administrative Case as Afterthought: The administrative charge filed against Nuska in 1999 was deemed an afterthought and did not validate her 1995 termination.
- Back Salaries Limited to Five Years: While Nuska was entitled to back salaries, these were limited to a maximum of five years, in line with jurisprudence.