G.R. No. 239866 - Polangcos y Francisco vs. People

On August 26, 2003, Alberto Pat-og, Sr. (respondent), a third-year high school teacher at Antadao National High School, allegedly punched in the stomach Robert Bang-on, a 14-year-old second-year student, for failing to follow instructions during a MAPEH class. Bang-on suffered abdominal pain and was hospitalized September 10–12, 2003, with a medico-legal certificate confirming a contusion hematoma in the hypogastric area.
Bang-on filed (a) an affidavit complaint with the Civil Service Commission–Cordillera Administrative Region (CSC-CAR) and (b) a criminal case for Less Serious Physical Injury before the Regional Trial Court (RTC) of Bontoc, Mountain Province. The RTC found Pat-og guilty, imposed 11–20 days imprisonment, and upon probation, the conviction became final and executory.

The CSC-CAR required Pat-og to submit a counter-affidavit. He denied the allegations, claimed he only scolded and wrested the ball from intruding students, and offered affidavits of 15 witnesses denying any punch.
On June 1, 2004, the CSC-CAR found a prima facie case, formally charged him with misconduct, and conducted pre-hearing conferences. The prosecution submitted its position paper and evidence:

Pat-og’s defense featured testimonies of Emiliano Dontongan (who claimed the incident never occurred), Ernest Kimmot (who saw nothing), and 13 affidavits supporting his denial.

The CSC-CAR found Pat-og guilty of Simple Misconduct for punching Bang-on, stressing positive identification, lack of necessity for motive, and credibility of prosecution witnesses.
Considering the severity of injury to a minor, it imposed the maximum suspension of six months without pay. A motion for reconsideration was denied on December 11, 2006.

The CSC dismissed Pat-og’s appeal and, upgrading the offense to Grave Misconduct, ordered his dismissal with accessory penalties (cancellation of eligibility, perpetual disqualification, forfeiture of retirement benefits).
It gave weight to the criminal conviction, Bang-on’s and his witnesses’ affidavits, and held cross-examination not an indispensable requirement of administrative due process. A motion for reconsideration was denied on November 5, 2007, invoking estoppel given Pat-og’s active participation below.

The CA affirmed the CSC’s rulings, holding Pat-og estopped from challenging CSC jurisdiction, due process was observed despite no cross-examination, and the criminal conviction merely corroborated independent evidence of the punch.

Whether the CA gravely abused its discretion by affirming the penalty of dismissal without considering Pat-og’s long service.
Whether the CA gravely abused its discretion in ruling Pat-og estopped from questioning the CSC’s jurisdiction.
Whether the CA erred in dismissing the appeal despite lack of substantial evidence.