Title
Civil Service Commission vs. Plopinio
Case
G.R. No. 197571
Decision Date
Apr 3, 2017
COMELEC officer Plopinio was dropped from rolls for alleged AWOL, but evidence showed he submitted DTRs to OPES. SC ruled reinstatement due to lack of proof and due process violation.

Case Summary (G.R. No. 197571)

Applicable Law

The relevant legal framework includes the provisions of the 1987 Philippine Constitution, the Civil Service Rules, and the Omnibus Rules on Leave and Administrative Cases in the Civil Service.

COMELEC’s Initial Actions

Plopinio was dropped from the rolls by the COMELEC on claims of AWOL, based on a complaint from Alberto G. Adan, who alleged that Plopinio’s absences impaired his duties. An investigation led by Director Adolfo A. IbaAez resulted in findings that Plopinio failed to submit his daily time records (DTRs) for several months, which were critical for establishing his attendance.

Recommendations and Internal Discrepancies

Initially, the recommendations were for Plopinio to be dropped from the rolls due to non-filing of DTRs, constituting AWOL. However, as investigations proceeded, the same Director later withdrew this recommendation based on the realization that the absence of DTRs was not definitively established as unauthorized absence for a prolonged period.

Administrative Proceedings at the CSC

Plopinio’s appeal to the CSC following the COMELEC’s actions revealed that he had, in fact, submitted his DTRs albeit questioned by his supervisor for suspected falsification. The CSC ultimately upheld the COMELEC's decisions, asserting that he failed to provide sufficient evidence of his presence at work.

Court of Appeals’ Decision

The Court of Appeals found merit in Plopinio’s claims, determining that the lack of definitive proof of AWOL, combined with his submission of DTRs to his supervisor, invalidated the basis for his dismissal from service. The court concluded that the COMELEC should have instituted formal charges of falsification rather than summarily dropping Plopinio, thereby upholding his entitlement to due process.

CSC’s Appeal to the Supreme Court

The CSC filed a petition with the Supreme Court, arguing that the Appeals Court erred in finding a violation of due process in addressing AWOL cases. The Supreme Court, howeve

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