Title
Civil Service Commission vs. Cutao
Case
G.R. No. 225151
Decision Date
Sep 30, 2020
PNP officer’s promotions voided after CSC found falsified educational documents; SC upheld recall without prior notice or hearing.
recall of appointments
educational requirements
promotions
A

Case Summary (G.R. No. 225151)

Factual Background

Cutao’s promotional applications required proof of educational attainment. In his PDS and transcript, Cutao represented that he graduated from a four-year criminology course leading to the degree Bachelor of Science in Criminology (B.S. Crim) as of October 20, 1996, with a reference to a Special Order (B)(R-X) No. 702-0094 s, 1997 dated December 14, 1997. He also submitted a CHED CAV stating that the signature on the transcript and diploma was that of AIT officials and that the Bachelor of Science in Criminology offered by the school was duly authorized by the Republic.

Upon review, the CSC Field Office (CSCFO), Agusan Del Norte, through Meshach D. Dinhayan, Director II, requested CHED Caraga Administrative Region to verify the authenticity of Cutao’s transcript and CAV. CHED, through Dr. Julius Sol O. Jamero, Chief Administrative Officer, completed a verification slip and ticked that the documents were “not authentic.” CHED’s reasons were twofold: first, the signatures of CHED personnel on Cutao’s CAV were not genuine; second, the referenced Special Order did not reflect Cutao’s name. CHED also attached a file copy of the Special Order indicating that it had been issued for approving eligibility for graduation of another individual, Bernardo F. Dela Cruz, and confirming completion of requirements by that person—not Cutao.

Based on CHED’s verification, the CSCRO concluded that approval of Cutao’s promotional appointments was “not in order” because he lacked the required educational qualification at the time of appointment. The CSCRO then issued Decision No. LSD-NDC-12-006 dated January 19, 2012, recalling Cutao’s promotions to PO3, SPO1, and SPO2. The recall was without prejudice to the filing of an administrative complaint for alleged Dishonesty and/or Falsification of Public Document.

CSCRO and CSC Proper Proceedings

To implement the recall, the CSCRO wrote the PNP Regional Office, directing reversion of Cutao to his original position prior to all promotions and adjustment of compensation accordingly. Cutao appealed the CSCRO Decision to the Commission Proper.

In Decision No. 120653 dated October 2, 2012, the CSC Proper dismissed Cutao’s appeal and upheld the recall. The CSC Proper referenced qualification requirements for the relevant PNP positions, explaining that CSC Resolution No. 021288 dated October 8, 2002 listed a bachelor’s degree among the qualifications for PO3, SPO1, and SPO2. Since CHED had declared Cutao’s transcript and CAV not authentic, the CSC Proper concluded that Cutao did not possess the requisite educational attainment.

Cutao’s defenses were anchored on later communications from AIT and his insistence that he actually graduated. Among the documents he later presented were letters from the AIT registrar requesting time to prove graduation, letters stating Cutao’s enrollment period and efforts to re-check the special order, an AIT certification under oath that Cutao complied with the requirements for graduation, and enrollment forms. Cutao also moved for reconsideration, but the CSC Proper denied it, reasoning that these additional submissions did not controvert the CHED declaration of inauthenticity and that he failed to proffer new evidence or establish error of law.

Appeal to the Court of Appeals

Cutao then elevated the matter to the CA. He argued that the CSC violated his constitutional right to due process because the CSCRO promulgated its decision on January 19, 2012 without prior notice and hearing.

The CA reversed the CSC rulings. It held that the CHED-accomplished verification slip relied upon by the CSC did not constitute substantial evidence required in administrative cases. It further reasoned that Cutao had already acquired a legal right to the positions due to the initial CSC approvals and the time he had served. The CA also found that Cutao acted in good faith; it attributed the inauthenticity of documents to AIT rather than to him. Finally, it invoked Obiasca v. Basallote to support the view that an appointment should be upheld despite procedural lapses when these were beyond the civil servant’s control and not of his own making.

On the due process issue, the CA concluded that because recall and removal affected Cutao’s status as a permanent civil servant, due process required notice and hearing before recall could be effected.

The CSC moved for reconsideration, insisting that the case was a non-disciplinary recall and that CSC rules did not require a trial-type notice and hearing process; it allowed the aggrieved party to appeal or move for reconsideration. The CA denied the motion, emphasizing that while recall power exists, it must be exercised based on specific grounds, and it treated the CSC’s recall without notice and hearing as violating norms of fair play and equity after Cutao had already occupied the positions for years.

Issue Before the Court

The Court limited the controversy to a single controlling issue: whether the CSC may recall a previously approved appointment to civil service without prior notice and hearing.

Legal Basis and Reasoning of the Supreme Court

The Court granted the petition. It reiterated that the CSC’s authority to take appropriate action on appointments and other personnel actions includes the power to recall an appointment initially approved when it is later found to disregard applicable provisions of the Civil Service law and regulations. The Court emphasized that recall or invalidation of an appointment does not require a full-blown trial-type proceeding. When the CSC approves or disapproves an appointment, it only examines whether the appointment conforms to applicable law and whether the appointee possesses the minimum qualifications and none of the disqualifications. In contrast with disciplinary administrative actions, a recall does not carry the same procedural requirements as a trial-type hearing.

On due process, the Court held that the essence lies in the right to be heard, and that a party may be accorded due process through means other than a formal notice and hearing in a trial-type proceeding. The Court then relied on the Revised Rules on Administrative Cases in the Civil Service (Civil Service Rules), specifically NON-DISCIPLINARY CASES RULE 16 (Invalidation or Disapproval of Appointment), which provides a remedial procedure for non-disciplinary cases such as recall or invalidation. Under these rules, either the appointing authority or the appointee may assail invalidation or disapproval, and the aggrieved party may appeal through the CSCRO, then to the Commission, subject to reglementary periods. The decision of the CSC Proper may further be questioned before the CA via Rule 43 of the Rules of Court, and the CA decision may be reviewed by the Court via a petition under Rule 45.

The Court found that Cutao had availed himself of the available remedies, including challenging the CSCRO decision, obtaining review in the CA, and participating in the present petition even after a favorable CA outcome, by filing a comment. The Court concluded that these opportunities showed he was sufficiently accorded due process.

The Court further found the recall substantively justified. It noted that in applying for promotion, Cutao submitted his transcript and CAV to show that he held a qualifying bachelor’s degree from AIT, which was a qualification standard for SPO2. The CSCFO requested verification from CHED. CHED declared the documents inauthentic. The Court explained that once CHED’s independent verification expressly stated inauthenticity on the bases stated—namely, non-genuine CHED signatures on the CAV and the Special Order being issued for someone else—the lack of other solid documentary proof led the CSC to conclude that Cutao did not hold the bachelor’s degree required not only for SPO2, but also for SPO1 and PO3.

The Court upheld CHED’s certification. It reasoned that it is presumed to have been accomplished in the regular performance of CHED official functions and should be sustained absent clear and convincing proof to the contrary. It also found that CHED’s determination was supported by official documents. The Court rejected the significance of the fact that the verification was embodied in a pro forma verification slip, holding that it did not diminish the credibility of the official verification. The Court further observed that Cutao presented letters from AIT officials attesting to his enrollment and alleged compliance with graduation requirements. However, the Court held that if Cutao could obtain such letters, he should have been able to request the issuance of his official transcript and diploma to eliminate doubt about his educational attainment. His failure to remove this doubt reinforced the conclusion that he did not have the claimed bachelor’s degree.

The Court also rejected the CA’s reliance on the length of time Cutao had spent in the promoted positions and the fact that the CSC initially approved the promotions. It

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