Case Digest (G.R. No. L-44622)
Facts:
The case involves Marcela M. Baldoz as the petitioner against the Office of the President, the Department of Commerce and Industry (now the Department of Trade), and the Civil Service Commission as respondents. The events leading to this case began on April 22, 1971, when formal charges were filed against Baldoz for insubordination and violation of office regulations, specifically for taking home leave without the approval of the then Secretary of the Department of Commerce and Industry, Ernesto Maceda. Following an investigation by a special committee, Baldoz was found guilty and dismissed from her position as Commercial Attache, effective July 16, 1971. The case was subsequently elevated to the Civil Service Commission, which initially reduced her penalty to a fine equivalent to ten days' pay. However, after a request for reconsideration from Secretary Maceda, the Civil Service Commissioner modified the decision, requiring Baldoz to seek transfer to another office withi...
Case Digest (G.R. No. L-44622)
Facts:
Background and Position
Marcela M. Baldoz, the petitioner, was formerly a Commercial Attaché assigned to Berne, Switzerland, under the Department of Commerce and Industry (now the Department of Trade).
Charges and Investigation
On April 22, 1971, formal charges were filed against her for insubordination and violation of office regulations, particularly for going on home leave without the approval of then Secretary Ernesto Maceda. After an investigation by a special committee, she was found guilty and ordered dismissed effective July 16, 1971.
Civil Service Commission Proceedings
The case was elevated to the Civil Service Commission (CSC) after her dismissal. Initially, the CSC reduced the penalty to a fine equivalent to ten days' pay. However, upon reconsideration, the CSC modified its decision, requiring her to seek transfer to another office within 90 days or be considered resigned.
Further Modifications and Executive Clemency
Petitioner sought further reconsideration, leading to another modification by the CSC: if she failed to transfer within the 90-day period, she would be considered resigned but could be reinstated at the discretion of the appointing authority. Subsequently, she appealed to the Office of the President, which granted her executive clemency on November 5, 1973, allowing for reinstatement at the discretion of the appointing authority.
Reinstatement Attempts and Abolition of Position
Petitioner sought reinstatement, but her position had been abolished under the reorganization staffing pattern of the Bureau of Foreign Trade, and she lacked the appropriate civil service eligibility. Her pleas to the Office of the President were denied.
Final Denial
On August 9, 1976, her final petition for review was denied, leading to the filing of this certiorari proceeding.
Issue:
- Whether the decision of respondent Presidential Assistant Ronaldo B. Zamora was responsive to petitioner's letter-petition dated July 10, 1973.
- Whether petitioner was denied procedural and substantive due process.
- Whether petitioner is entitled to reinstatement despite the abolition of her former position.
Ruling:
The Supreme Court dismissed the petition for lack of merit. The Court held that:
- The decision of respondent Zamora was responsive to petitioner's letter-petition.
- Petitioner was not denied procedural or substantive due process.
- Petitioner is not entitled to reinstatement as her position had been abolished, and such abolition was done in good faith.
Ratio:
- (Unlock)