G.R. No. 131675 - Lameyra vs. Pangili

Pedro C. Lameyra was appointed as janitor/messenger of the Municipal Government of Famy, Laguna first under temporary status on February 2, 1988.
He was granted permanent appointment on January 1, 1989 by then Municipal Mayor Melquiadez Acomular.
Mayor Acomular lost the election for mayoralty post to George S. Pangilinan, the respondent in this case.

On August 21, 1995, Mayor Pangilinan informed Lameyra via letter that he was dropped from the rolls of employees pursuant to Civil Service Commission (CSC) Memorandum Circular No. 12, Series of 1994.
The stated grounds for termination were:

He was a permanent employee and his dismissal was without just cause and without due process (no prior written notice and no investigation or hearing).
The dismissal was an act of political harassment since he publicly voted for the political rival of Mayor Pangilinan.

Memorandum requiring daily time logs was issued on May 31, 1995 with warnings against falsification and non-compliance.
Lameyra deliberately failed to comply with said memorandum and did not report for work since July 6, 1995.
Personnel Officer Benito L. Vicencio certified Lameyra's absence from July 6, 1995 onwards.
Lameyra was reported for habitual lateness on January 19, 1995.
Lameyra was also charged with falsification of public document regarding his daily time record for December 1994.

CSC in Resolution No. 96-0828 (February 6, 1996) dismissed Lameyra’s appeal, affirming his dismissal for absence without leave and lack of proof of leave applications.
Lameyra filed a motion for reconsideration asserting:

He had not been furnished a copy of Mayor Pangilinan’s comment prior to the resolution.
He reported for work at the Vice Mayor’s office per advice of CSC Regional Office but was prevented from signing the log book by the Personnel Officer.

Attached to motion were affidavits from Vice Mayor Constancio Fernandez, co-employee Remegio Jamilan, and Lameyra himself, contesting the assertion that he was absent or insubordinate.
CSC denied motion for reconsideration in Resolution No. 970558 (January 28, 1997), holding that:

Presence within Municipal Office premises but failure to report officially as Janitor/Messenger does not constitute reporting for duty.
The other grounds raised were reiterations and had been already discussed and resolved.

Lameyra appealed to the Court of Appeals, which affirmed the CSC’s ruling. The court held that:

Petitioner had opportunity to be heard, including on his motion for reconsideration.
The findings of CSC were supported by substantial evidence.
Petitioner abandoned his employment.

Respondent maintained that dismissal was proper for absence without official leave and the affidavits were not newly discovered evidence and thus inadmissible late in the proceedings.

States that continuous absence without approved leave for 30 calendar days shall ground separation from the service or dropping from the rolls without prior notice, but the employee must be informed within 5 days from effectivity of separation.

Petitioner claims he was not absent as he reported to Vice Mayor’s office, but was blocked from signing the log book by Personnel Officer Benito Vicencio.
Petitioner was not served with Mayor’s comment, impacting due process.
Affidavits attached to motion for reconsideration directly oppose personnel officer’s certification of absence.

Whether petitioner’s dismissal for absence without official leave (AWOL) complied with the requirements of due process.
Whether the absence certification by the Personnel Officer constituted substantial evidence supporting petitioner’s dismissal.
Whether the affidavits submitted with petitioner’s motion for reconsideration should be considered for due process considerations.
Whether petitioner’s removal from the rolls amounted to abandonment of employment.
Whether petitioner was entitled to prior notice before separation or if CSC Memorandum Circular No. 12, Series of 1994 allowed separation without prior notice for AWOL cases.