Case Digest (G.R. No. 169013)
Facts:
Department of Education, represented by its Officer-in-Charge and Undersecretary, Ramon C. Bacani, petitioner, vs. Godofredo G. Cuanan, respondent, G.R. No. 169013, December 16, 2008, the Supreme Court En Banc, Austria‑Martinez, J., writing for the Court.On March 11, 1996, Luzviminda Borja and Juliana Castro, on behalf of their minor daughters, filed separate administrative complaints for sexual harassment and conduct unbecoming a public officer against Godofredo G. Cuanan, then Principal of Lawang Kupang Elementary School. The Department of Education, Culture and Sports – Regional Office No. III (DECS‑RO No. III) constituted an Investigating Committee which, in an Investigation Report dated December 14, 1999, found Cuanan guilty and recommended forced resignation. Regional Director Vilma L. Labrador affirmed those findings in a Decision dated January 28, 2000, and Secretary Andrew Gonzales affirmed in an April 13, 2000 Order; Gonzales denied Cuanan’s petition for reconsideration on June 19, 2000.
Cuanan appealed to the Civil Service Commission (CSC). On January 20, 2003 the CSC issued Resolution No. 030069, setting aside Secretary Gonzales’ decision and exonerating Cuanan; copies were sent to the parties on January 23, 2003 and Cuanan received his copy January 31, 2003. Cuanan sought reinstatement in February 2003 and Division officials recommended reinstatement, but Regional instructions awaited an order of implementation from the Department Secretary. The DepEd requested and received another copy of CSC Resolution No. 030069 in late March 2003.
On April 11, 2003, then DepEd Secretary Edilberto C. de Jesus filed a Petition for Review/Reconsideration with the CSC (and later a Supplemental Petition on July 29, 2003) seeking reversal of CSC Resolution No. 030069; neither pleading was served on Cuanan. Meanwhile, pursuant to Division Special Orders, Cuanan was reinstated to his former position effective April 30, 2003 and directed to return to duty on July 8, 2003. Despite endorsements for back pay, the CSC on October 22, 2004 issued Resolution No. 041147 setting aside Resolution No. 030069, finding Cuanan guilty of sexual harassment and related offenses, and dismissing him with forfeiture of benefits; Cuanan received a copy on November 9, 2004.
On November 22, 2004 Cuanan filed a petition for certiorari with the Court of Appeals (CA) to annul CSC Resolution No. 041147, alleging (a) the DepEd was not a proper party to file for reconsideration, (b) the petition for review/reconsideration was filed out of time, and (c) he was denied due process because he was not served copies of the DepEd pleadings nor given an opportunity to comment. The DepEd moved to dismiss on the ground that the proper remedy from a CSC decision is a petition for review under Rule 43. On May 16, 2005 the CA granted Cuanan’s petition and set aside CSC Resolution No. 041147, finding grave abuse of discretion and violation of due process; the CA denie...(Subscriber-Only)
Issues:
- May the Department of Education, as the disciplining/appointing authority, seek reconsideration or appeal of a CSC resolution that exonerates a public officer?
- Was recourse to a petition for certiorari (Rule 65) before the Court of Appeals the improper remedy to challenge CSC Resolution No. 041147 (or should Rule 43 have been used)?
- Did the Civil Service Commission commit grave abuse of discretion in issuing Resolution No. 041147 by voiding Resolution No. 030069 despite finality an...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)