Case Summary (G.R. No. 136480)

Background of the Case

• Petitioner Lacsasa M. Adiong seeks a review of the Court of Appeals' decision and its resolution denying reconsideration.
• Nasiba A. Nuska was appointed as Municipal Local Civil Registrar by Mayor Sultan Serad A. Batua on December 6, 1994, with the appointment approved by the Civil Service Commission on December 9, 1994.
• On June 30, 1995, Mayor Adiong issued a memorandum terminating the appointments of municipal employees, later clarifying that only temporary or casual workers were affected.
• Nuska failed to submit her appointment papers and did not make a courtesy call to the new mayor, leading to her termination and the appointment of Nanayaon Samporna in her place.
• Nuska requested reinstatement and back salaries on August 27, 1995, but Adiong did not respond, prompting her to appeal to the Civil Service Commission on March 11, 1996.

Civil Service Commission's Resolution

• On January 28, 1997, the Civil Service Commission issued Resolution No. 970688, declaring Nuska's termination illegal and ordering her reinstatement and payment of back salaries.
• Mayor Adiong filed a motion for reconsideration on March 17, 1997, which was denied on December 11, 1997.
• Adiong subsequently filed a petition for review with the Court of Appeals on February 18, 1998, which was dismissed on September 15, 1998, affirming the Civil Service Commission's resolution.

Legal Issues Presented

• The primary issues include the propriety of Nuska's termination, whether Adiong was denied due process in the Civil Service Commission proceedings, and the validity of an administrative case against Nuska that purportedly justified her termination.

Court's Ruling on Termination

• The Court ruled that Nuska's termination was illegal, emphasizing the constitutional protection against removal from civil service without due process.
• Nuska held a permanent appointment, granting her security of tenure and the right to due process before termination.
• The reasons for termination cited by Adiong—failure to make a courtesy call, failure to submit appointment papers, and alleged abandonment—were deemed insufficient and not just causes for dismissal.

Analysis of Due Process

• The Court highlighted that due process requires an opportunity to be heard, which Nuska was denied.
• Adiong did not provide Nuska with a chance to explain her failure to submit her appointment papers or respond to her request for reinstatement.
• The appointment of another individual to Nuska's position further indicated a lack of due process in her termination.

Findings on Abandonment

• The Court found no basis for claiming Nuska abandoned her position, as her...continue reading

Case Syllabus (G.R. No. 136480)

The Case

• This petition for review on certiorari was filed by Lacsasa M. Adiong, the petitioner, seeking to review the decision of the Court of Appeals and its resolution denying reconsideration.
• The case involves the employment termination of Nasiba A. Nuska, who was appointed as the Municipal Local Civil Registrar.

The Facts

• On December 6, 1994, Mayor Sultan Serad A. Batua issued a permanent appointment to Nasiba A. Nuska, which was approved by the Civil Service Commission Office in Marawi City on December 9, 1994.
• On June 30, 1995, newly-elected Mayor Lacsasa M. Adiong issued a memorandum terminating the appointments of all municipal employees and required them to clear accountabilities.
• A subsequent memorandum on July 1, 1995, clarified that the termination applied only to temporary or casual workers and required those with permanent appointments to submit their appointment documents.
• Nasiba A. Nuska did not submit her appointment papers nor made a courtesy call to Mayor Adiong, which led to her termination and the appointment of Nanayaon Samporna in her place.
• On August 27, 1995, Nuska requested reinstatement and back pay from July 1 to August 31, 1995, but Mayor Adiong did not respond.
• Nuska appealed to the Civil Service Commission on March 11, 1996.
• The Commission issued Resolution No. 970688 on January 28, 1997, finding Nuska's termination invalid and ordering her reinstatemen...continue reading