G.R. No. 160573 - Basmayor vs. Atencio

The case involves a petition for review on certiorari under Rule 45 of the 1997 Civil Procedure.
The petitioner, Grace A. Basmayor, challenges the Court of Appeals' Resolution dated May 8, 2003, which dismissed her petition for review due to non-compliance with Rule 43 requirements.
The appellate court's subsequent Resolution dated September 12, 2003, denying her motion for reconsideration is also contested.

Basmayor, a computer operator at TESDA, was informed by Regional Director Juanito C. Cueva of her thirty-one and a half days of absence without official leave, violating Civil Service Commission (CSC) regulations.
She was warned that failure to respond would result in her implied resignation.
Following her failure to appear, she received a memorandum terminating her service effective October 3, 2000, and a formal notice of being dropped from the rolls on November 3, 2000.

On November 13, 2000, Basmayor filed a complaint against Loida B. Atencio, alleging falsification of documents and other misconduct.
Basmayor claimed Atencio forged Director Cueva's signature on the November 3 memorandum while Cueva was in Australia.
Atencio denied the allegations, asserting that she acted under Cueva's instructions to issue the memorandum via facsimile.

The CSC Regional Office dismissed Basmayor's initial complaint for lack of a certification of non-forum shopping.
An amended complaint was similarly dismissed, prompting Basmayor to appeal to the CSC Central Office.
The CSC Chairman granted the appeal, leading to an investigation by CSCRO No. XI, which ultimately found no prima facie case against Atencio.

Basmayor filed a separate petition for reinstatement, which was dismissed for lack of primary jurisdiction, as the grievance committee of TESDA was deemed the proper forum.
Subsequent appeals to the CSC Central Office resulted in the dismissal of her complaints and petitions for reinstatement.

Basmayor's appeal to the Court of Appeals was dismissed due to procedural defects, including the submission of a photocopy of the CSC resolution and lack of a concise statement of facts.
The appellate court noted that the CSC should have been impleaded as a respondent, which Basmayor failed to do.

Basmayor raised several issues for resolution, including the admissibility of the certification from Director Cueva and the applicability of prior case law regarding effective absence.
The core issues included whether Cueva was effectively absent, the probative value of the certification, and the necessity of impleading the CSC.

The Supreme Court noted that the Court of Appeals dismissed the petition on procedural grounds, which Basmayor did not address in her appeal.
The Court emphasized that the review is limited to errors committed by the appellate court, and Basmayor failed to demonstrate any such errors.

The determination of Cueva's effective absence and the authenticity of the memorandum involved mixed questions of fact and...continue reading