G.R. No. 194575 - Gabriel vs. Petron Corporation

Henry A. Sojor was appointed president of Central Visayas Polytechnic College (CVPC) by President Corazon Aquino on August 1, 1991.
Republic Act No. 8292 (“Higher Education Modernization Act of 1997”) was enacted in June 1997, mandating the creation of a Board of Trustees (BOT) as the governing body of state colleges.
The BOT of CVPC appointed Sojor as president for a four-year term from September 1998 to September 2002.
After the first term, Sojor was reappointed for another four-year term ending September 24, 2006.
On June 25, 2004, CVPC was converted into Negros Oriental State University (NORSU), with a Board of Regents (BOR) replacing the BOT as governing body.

Three administrative cases were filed by CVPC faculty before CSC Regional Office (CSC-RO) No. VII concerning allegations against Sojor:

ADMC DC No. 02-20(A): Dishonesty, grave misconduct, and conduct prejudicial to public service for approving salary differential releases without proper documentation.
ADM DC No. 02-20: Dishonesty, misconduct, and falsification of official documents for allowing antedating and falsification of payroll documents.
ADM DC No. 02-21: Nepotism for appointing his half-sister as casual clerk in violation of anti-nepotism provisions.

Sojor moved to dismiss the first two complaints alleging lack of jurisdiction, prior judgment, and forum shopping, claiming:

He was a presidential appointee under the non-competitive/unclassified service and hence subject only to the Office of the President’s disciplinary jurisdiction.
The CSC had no authority over presidential appointees and the complaints had already been resolved by the Office of the Ombudsman.

CSC-RO denied his motion to dismiss and later dismissed his appeal with preventive suspension for 90 days.
CSC ruled Sojor was appointed by the BOT (approved by CHED Chairman), not the President, hence not a presidential appointee and under CSC jurisdiction.
CSC ordered formal investigation to proceed based on three administrative charges and sustained jurisdiction despite Sojor’s argument that R.A. No. 8292 superseded P.D. No. 807 (Civil Service Law).
Sojor’s motion for reconsideration was denied with finality on July 6, 2004.

Sojor filed a petition for certiorari and prohibition before the CA, alleging CSC acted without or in excess of jurisdiction and violated academic freedom, asserting exclusive discipline power was with the BOT.
CA issued a preliminary injunction on September 29, 2004, ordering CSC to cease enforcement of the resolutions and suspended formal investigation.
On June 27, 2005, CA ruled in favor of Sojor, annulling CSC resolutions and permanently enjoining CSC from further action.
CA reasoned that:

Power to appoint carries power to remove or discipline and that the BOT had exclusive disciplinary jurisdiction under R.A. No. 9299 converting CVPC into NORSU.
E.O. No. 292 (Administrative Code) granting CSC disciplinary jurisdiction was a general law subordinate to special law R.A. No. 9299.

The Civil Service Commission filed a petition for review, contending the CA gravely erred in holding CSC acted without jurisdiction.

Whether the Civil Service Commission has jurisdiction over the president of a state university appointed by its governing board.
Whether CSC’s assumption of jurisdiction over Sojor violates the principle of academic freedom.
Whether the power of the university’s Board of Regents to discipline and remove officials is exclusive or concurrent with CSC’s disciplinary jurisdiction.
Whether Sojor’s reappointment condones administrative charges against him.