Title
Supreme Court
Civil Service Commission vs. Sebastian
Case
G.R. No. 161733
Decision Date
Oct 11, 2005
Municipal Secretary Arnulfo Sebastian dismissed for prolonged absence without approved leave; Supreme Court upheld dismissal, citing laches and lack of due process.

Case Summary (G.R. No. 161733)

Background and Procedural History

Sebastian was appointed as Municipal Secretary on August 1, 1988. After suffering from health issues in April 1992, he applied for vacation and sick leave, which were approved by the then Acting Vice-Mayor. Following the election in May 1992, newly elected Mayor Chu directed Sebastian to return to work; however, he failed to comply. Consequently, the Mayor issued a final notice, followed by a memorandum declaring Sebastian dropped from the municipal payroll due to his absence without leave. Subsequently, Sebastian filed a complaint for illegal dismissal against the Mayor and Vice-Mayor in the CSC, claiming he had been barred from entering the office.

Civil Service Commission Ruling

The CSC dismissed Sebastian's complaint on July 23, 1998, asserting that the respondent failed to provide sufficient medical documentation justifying his extended absence. The Commission concluded that by not reporting back for over 30 days and failing to inform the Mayor of his whereabouts, Sebastian was effectively absent without leave. The CSC also found his claim barred by laches, given the significant time elapsed since his dismissal and the subsequent filing of the complaint.

Court of Appeals Decision

On appeal, the Court of Appeals (CA) sided with Sebastian, reversing the CSC’s resolution. The CA ruled that Sebastian was denied due process as he was dismissed without proper notice and hearing. It contended that since Sebastian's leave had been approved by the Acting Vice-Mayor, he should not have been penalized for not reporting back. The CA reinstated Sebastian as Municipal Secretary and awarded him back wages.

Legal Arguments Before the Supreme Court

Upon further appeal, the CSC argued that it was not the real party-in-interest in this case and contended that failure to implead the Mayor and Vice-Mayor as respondents constituted a denial of due process. The Municipality of Kabasalan and Mayor Chu also sought a review, claiming they should have been included in the proceedings as indispensable parties. They asserted that the CA's decision should be reversed on grounds of procedural deficiency.

Supreme Court Findings

The Supreme Court held that the Mayor indeed was the real party-in-interest and should have been impleaded in the CA proceedings. Failure to do so was deemed a serious procedural error that denied the Mayor his right to due process. The Court further evaluated Sebastian’s dismissal, finding that he had not met the legal requirements for requesting prolonged leave, which required a medical certificate for sick leave exceeding five days and clearance from the Mayor for leaves with

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