Case Digest (G.R. No. 135864)
Facts:
Toledo v. Commission on Elections, G.R. No. 135864, November 24, 1999, the Supreme Court En Banc, Purisima, J., writing for the Court, concerns petitioner Augusto Toledo's challenge to COMELEC Resolution No. 98-2768 (October 6, 1998) which limited his extended service as Director IV to October 31, 1998. Respondents are the Commission on Elections (COMELEC), Resurreccion Z. Borra in his capacity as Executive Director of COMELEC, and the Civil Service Commission (CSC).Atty. Toledo was appointed Manager of the Education and Information Department of COMELEC on May 21, 1986 and assumed office June 16, 1986 at age 59. COMELEC revoked that appointment on January 29, 1989 for alleged violation of a CSC memorandum; the CSC initially upheld the revocation. Toledo sought relief in the Supreme Court (G.R. Nos. 92646–47) and on October 4, 1991 the Court set aside the revocation and ordered his reinstatement. He was reinstated April 7, 1992 but on April 8 was designated to a lower-salary post; he refused and moved to cite COMELEC for contempt for noncompliance. During the pendency of motions he reached compulsory retirement age (65). By Minute Resolution No. 92-3198 (Dec. 8, 1992) COMELEC allowed him to continue to complete fifteen years of service subject to the outcome of an administrative case; this was confirmed by personnel memorandum (Dec. 17, 1992).
On August 3, 1993 the COMELEC motion for reconsideration was granted and on August 26, 1993 (Minute Resolution No. 93-2052) he was reinstated as Director IV and detailed as Acting Director IV of another department. In 1995 he took a prolonged leave and received an “unsatisfactory” performance rating later changed to “satisfactory” under a new chairman. Meanwhile this Court’s decision in Rabor v. Civil Service Commission (May 31, 1995) upheld CSC Memorandum Circular No. 27, Series of 1990, limiting extension of service to one year. Thereafter Chairman Pardo directed personnel to require Toledo to show cause why his service should be extended (July 13, 1995). The CSC, in Resolution No. 97-3167 (June 27, 1997), ruled that Rabor could not be applied to Toledo because the Cena doctrine was in effect when his service was extended and that extension was at the COMELEC Chairman’s discretion; CSC Resolution No. 98-1075 (May 15, 1998) clarified that COMELEC could also limit the period of such extension.
Petitioner received “unsatisfactory” ratings for the semesters in 1997 and the first semester of 1998. COMELEC issued Resolution No. 98-2768 on October 6, 1998 limiting his extended service to October 31, 1998, citing his unsatisfactory ratings, his advanced age, and CSC Resolution No. 98-1075. Toledo filed a petition for certiorari and prohibition under Rule 65 alleging grave abuse of discretion amounting to lack or excess of jurisdiction, contending that P.D. 1146, and the Cena and ...(Subscriber-Only)
Issues:
- Did the Commission on Elections and/or the Civil Service Commission err in limiting petitioner Augusto Toledo’s extended servi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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