Case Digest (G.R. No. 168766)
Facts:
The Civil Service Commission v. Henry A. Sojor, G.R. No. 168766, May 22, 2008, the Supreme Court En Banc, Reyes, J., writing for the Court.Petitioner is the Civil Service Commission (CSC); respondent is Henry A. Sojor, who served as president of the Central Visayas Polytechnic College (CVPC), later converted into the Negros Oriental State University (NORSU). Sojor was first appointed CVPC president on August 1, 1991; after R.A. No. 8292 (1997) created Boards of Trustees (BOTs) for state colleges, the BOT appointed him to a four-year term beginning September 1998 and reappointed him to another four-year term ending September 24, 2006. CVPC was converted into NORSU by R.A. No. 9299 on June 25, 2004, and a Board of Regents (BOR) succeeded the BOT.
Three administrative complaints were filed by CVPC faculty with CSC Regional Office No. VII in 2002 alleging (1) dishonesty, grave misconduct and conduct prejudicial to the service (filed June 26, 2002), (2) dishonesty, misconduct and falsification of official documents (filed July 10, 2002), and (3) nepotism (filed August 15, 2002). Before answering, Sojor moved to dismiss the first two complaints for lack of jurisdiction, asserting he was a presidential appointee in the non‑career (unclassified) service and therefore subject exclusively to the disciplinary jurisdiction of the Office of the President; he also argued prior disposition by the Ombudsman and that R.A. No. 8292 superseded P.D. No. 807.
The CSC Regional Office denied the motion to dismiss (Resolution, Sept. 4, 2002) and, after Sojor’s appeal, the CSC Proper dismissed his appeal and authorized the CSC‑RO to proceed with formal investigation (Resolution No. 040321, Mar. 30, 2004), also imposing a 90‑day preventive suspension; the CSC later denied reconsideration with finality (Resolution No. 040766, July 6, 2004). The CSC concluded Sojor was a non‑career civil servant within the CSC’s disciplinary jurisdiction and that CSC and the BOT/BOR have concurrent jurisdiction, adopting the RO’s formal charges and ordering investigation.
Sojor petitioned the Court of Appeals (CA) for certiorari and prohibition, arguing the CSC acted without or in excess of jurisdiction, violated academic freedom, and that the appointing BOT/BOR had exclusive power to discipline and remove the university president. The CA issued a writ of preliminary injunction on September 29, 2004, enjoining the CSC from enforcing the March 30 and July 6, 2004 CSC resolutions and suspending the investigation. On June 27, 2005, the CA annulled the CSC resolutions and permanently enjoined the CSC, holding that the power to appoint carries the power to remove and discipline...(Pro-only)
Issues:
- Did the Civil Service Commission act without or in excess of its jurisdiction in assuming disciplinary jurisdiction over the president of a state university (respondent Sojor)?
- Does the CSC’s exercise of disciplinary jurisdiction over a state university president violate the constitutional guarant...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)