Case Digest (G.R. No. 169005)
Facts:
- The case involves Winston F. Garcia vs. Court of Appeals and Rudy C. Tesoro (G.R. No. 169005).
- Rudy C. Tesoro served as a senior vice president of the Government Service Insurance System (GSIS).
- In early 2003, GSIS issued an Invitation to Pre-Qualify to Bid for the construction of the GSIS Iloilo City Field Office Building, with a budget of P57,000,000.00.
- Four contractors submitted bids, with Embrocal Builders, Inc. being the lowest calculated and responsive bidder.
- Concerns regarding the bidding process prompted GSIS to conduct an investigation.
- On November 24, 2003, Winston F. Garcia reassigned Tesoro.
- Despite the reassignment, Tesoro approved a disbursement voucher for a mobilization fee to Embrocal Builders on November 27, 2003.
- This action led to allegations of gross neglect of duty and grave misconduct against Tesoro.
- A preliminary investigation resulted in formal charges filed on February 19, 2004, along with Tesoro's preventive suspension.
- Tesoro challenged the legality of the charges and suspension by filing a petition for certiorari with the Court of Appeals (CA).
- The CA modified the charges to simple neglect of duty and imposed a lesser penalty.
- Garcia subsequently filed a petition for certiorari, claiming that the CA overstepped its jurisdiction.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of Winston F. Garcia.
- The petition for certiorari was granted, annulling the CA's Decision dated April 11, 2005, and Resolution dated July 20, 2005.
- The Court concluded that the CA exceeded its jurisdiction by modifying the charges and ruling on the merits....(Unlock)
Ratio:
- Certiorari is a special civil action aimed at correcting acts performed without jurisdiction or with grave abuse of discretion.
- The CA's review of the merits was beyond its certiorari jurisdiction, which is confined to jurisdictional errors.
- GS...continue reading
Case Digest (G.R. No. 169005)
Facts:
The case of Winston F. Garcia vs. Court of Appeals and Rudy C. Tesoro (G.R. No. 169005) involves administrative charges filed against Rudy C. Tesoro, who served as a senior vice president of the Government Service Insurance System (GSIS). The events that led to this case unfolded between February and March of 2003, when GSIS released an Invitation to Pre-Qualify to Bid for the construction of the GSIS Iloilo City Field Office Building, with an allocated budget of P57,000,000.00. Four contractors submitted bids, and Embrocal Builders, Inc. was identified as the lowest calculated and responsive bidder. However, following the bidding process, concerns regarding the propriety of the bidding arose, prompting GSIS to initiate an investigation. On November 24, 2003, Winston F. Garcia, who was then the President and General Manager of GSIS, issued an office order that reassigned Tesoro. Notwithstanding this reassignment, Tesoro approved a disbursement voucher on November 27, 2003, for a mobilization fee to Embrocal Builders, leading to allegations of gross neglect of duty and grave misconduct against him. A preliminary investigation ensued, resulting in formal charges being filed against Tesoro on February 19, 2004, and his subsequent preventive suspension. Tesoro contested the legality of the charges and the suspension by filing a petition for certiorari with the Court of Appeals (CA). The CA later modified the charges against him, downgrading them from gross neglect and grave misconduct to simple neglect of duty and imposed a lesser penalty. Dissatisfied with th...