Case Digest (G.R. No. 211077)
Facts:
- Gabriel Moralde is the respondent against the Civil Service Commission and the Province of Misamis Oriental, the petitioners.
- Moralde was employed as a Dental Aide in the Provincial Health Office, assigned to Villanueva and Claveria.
- He had a history of misconduct, including falsifying public documents and frequent absences without leave.
- In 1998, he was charged with falsifying his Daily Time Records for March and April.
- The Provincial Attorney recommended his dismissal due to repeated infractions.
- On November 8, 1998, while the administrative case was pending, Moralde applied for retirement with the GSIS.
- The next day, the Provincial Governor found him guilty of falsification and dismissed him from service.
- Moralde appealed his dismissal to the Civil Service Commission, claiming a violation of due process.
- In 2003, GSIS approved his retirement application retroactively effective from November 8, 1998, without notifying the Province or the Commission.
- In 2005, the Civil Service Commission set aside Moralde's dismissal and ordered his reinstatement.
- In 2007, while processing his reinstatement, the Province discovered Moralde had already retired.
- The Province filed a motion for a new trial, arguing that Moralde's retirement made reinstatement moot.
- The Civil Service Commission agreed, declaring the reinstatement moot, which Moralde contested.
- The Court of Appeals ruled in favor of Moralde, leading to consolidated petitions for review by the Civil Service Commission and the Province.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the Civil Service Commission did not err in declaring Moralde's reinstatement moot and academic.
- Moralde is not entitled to reinstatement and...(Unlock)
Ratio:
- The Supreme Court emphasized that Moralde's actions constituted a voluntary severance of his employer-employee relationship with the government.
- By applying for retirement benefits while an administrative case was pending, he affirmed his separation from service.
- Public officers who petition for retirement or separation benefits cannot later demand reinstatement, especially to evade administrative liability.
- Moralde's retirement application was a deliberate ...continue reading
Case Digest (G.R. No. 211077)
Facts:
The case involves Gabriel Moralde as the respondent against the Civil Service Commission and the Province of Misamis Oriental, who are the petitioners. The events leading to the case began when Moralde was employed as a Dental Aide in the Provincial Health Office of Misamis Oriental, where he was assigned to the municipalities of Villanueva and Claveria. He had a history of misconduct, including falsifying public documents and frequent absences without leave. In 1998, he was formally charged with falsifying his Daily Time Records for March and April of that year. Following an investigation, the Provincial Attorney recommended his dismissal due to repeated infractions.
On November 8, 1998, while the administrative case against him was still pending, Moralde filed an application for retirement with the Government Service Insurance System (GSIS). The next day, the then Provincial Governor issued a memorandum finding Moralde guilty of falsification and dismissing him from service. Moralde appealed his dismissal to the Civil Service Commission, claiming it violated due process. In 2003, GSIS approved his retirement application retroactively effective from November 8, 1998, without Moralde informing the Province or the Commission of this approval.
In 2005, the Civil Service Commission issued a resolution setting aside Moralde's dismissal and ordering his reinstatement. However, it was only in 2007, while processing his reinstatement, that the Province discovered Moralde h...