G.R. No. 227356 - People vs. Bolado y Naval

On January 23, 2014, the LTO issued Administrative Order No. AVT-2014-023 implementing the “Do-It-Yourself” Program, which required the temporary relocation of the Registration Section’s equipment to Bulwagang R.F. Edu for renovations.
On February 11, 2014, Gutierrez, as Chief of the Registration Section, received the relocation directive and, on the same date, sent a reply-memorandum expressing concerns over the safety and integrity of records and querying the Section’s role during the program.

On February 20, 2014, LTO issued a Show Cause Memorandum directing Gutierrez to explain why she should not be disciplined for non-compliance with the relocation order.
Gutierrez replied on February 25, 2014, reiterating willingness to comply and restating her safety and operational concerns.
On June 2, 2014, LTO found a prima facie case and issued a Formal Charge for Gross Insubordination, Refusal to Perform Official Duties, and Conduct Prejudicial to the Best Interest of the Service; she was preventively suspended for 90 days and given five days to answer.
The same day, the LTO constituted a Disciplinary Board via Office Order No. AVT-2014-89 to conduct the formal investigation.

Gutierrez filed her Answer on June 5, 2014, and a Manifestation on August 20, 2014, arguing lack of due process since no preliminary investigation was conducted before the Formal Charge.
On August 22 and September 4, 2014, the LTO Disciplinary Board ruled the Show Cause Memorandum sufficed as a preliminary investigation and ordered pre-hearing preparations.
The CSC, on November 11, 2014 (Decision) and January 29, 2015 (Resolution), affirmed the LTO’s rulings.

Gutierrez filed a petition for certiorari before the CA.
On January 7, 2016, the CA set aside the LTO and CSC decisions, holding that Gutierrez could not explain two of the charged acts (defiance of a January 28, 2014 Memorandum and refusal to transfer computers per a February 17, 2014 report) because they were not covered by the Show Cause Memorandum.
The CA denied reconsideration on April 26, 2016, prompting this petition.

Whether the CA correctly ruled that respondent Mercedita E. Gutierrez was deprived of her right to procedural due process when the LTO issued the Formal Charge against her without a proper preliminary investigation covering all alleged offenses.