Case Summary (G.R. No. 168766)
Facts of the Case
Henry A. Sojor was appointed president of CVPC by then-President Corazon Aquino in 1991. Under R.A. No. 8292, a Board of Trustees (BOT) assumed governance over CVPC and appointed Sojor as president for fixed terms. After CVPC’s conversion to NORSU under R.A. No. 9299, the governing body became the Board of Regents (BOR). Three administrative complaints charging misconduct and nepotism were filed against Sojor before the CSC Regional Office. He argued that as a presidential appointee, and a non-career civil servant, CSC had no jurisdiction over him; disciplinary authority rested exclusively with the Office of the President or the university's governing board.
CSC’s Position and Resolution
The Civil Service Commission held that Sojor was not a presidential appointee but a non-career official appointed by the BOT/BOR, thus falling within the CSC’s disciplinary jurisdiction. CSC exercised concurrent jurisdiction with the BOT/BOR and denied Sojor’s motions to dismiss for lack of jurisdiction. The CSC justified its authority under the Civil Service Law (P.D. No. 807) and 1987 Constitution, which vest disciplinary authority over all civil servants and officials, whether career or non-career. Sojor was preventively suspended, and formal investigation into the complaints was authorized by the CSC.
Court of Appeals’ Decision
The Court of Appeals ruled in favor of Sojor, declaring CSC's exercise of jurisdiction over the university president as an encroachment on the academic freedom and the exclusive disciplinary power of the BOT/BOR. The court held that the power to appoint includes exclusive power to remove and discipline university officials, relying on provisions of R.A. No. 9299 and the exclusive administrative power vested in the BOR. The CA permanently enjoined the CSC from proceeding with the investigation.
Issues Presented
The main issues were:
- Whether the CSC has disciplinary jurisdiction over the president of a state university appointed by the governing board, or whether such jurisdiction belongs exclusively to the board.
- Whether the CSC’s assumption of jurisdiction violated the constitutionally protected principle of academic freedom.
Jurisdiction of the Civil Service Commission Under the 1987 Constitution
The 1987 Constitution entrusts the CSC with jurisdiction over the entire civil service, defined to include all branches, agencies, subdivisions, instrumentalities of government, and government-owned or controlled corporations with original charters. This jurisdiction covers both career and non-career service positions, with non-career officials characterized by appointments made without the required civil service examinations and tenure limited by law. The CSC’s jurisdiction extends to third-level officials, including university presidents not appointed directly by the President of the Philippines but by a governing board, recognizing them as non-career civil servants under civil service laws and rules.
Concurrent Jurisdiction of the Board of Regents and the CSC
Sections 4 and 7 of R.A. Nos. 8292 and 9299 respectively, confer broad administrative powers on the governing boards of state colleges and universities, including the power to remove and discipline faculty members and officials "for cause" following due process. However, these statutes do not expressly limit CSC’s disciplinary jurisdiction over these officials. Under established jurisprudence, where two government bodies have power over the same matter, their jurisdiction is concurrent, not exclusive, unless the law expressly states otherwise. The CSC and the BOR therefore have concurrent jurisdiction to discipline a university president.
Academic Freedom and Its Limits
Academic freedom protects state universities' autonomy in academic matters such as deciding teaching methods, admission, and personnel policies. However, this principle does not confer exemption from compliance with civil service laws and rules. The charges against Sojor—nepotism, dishonesty, falsification, grave misconduct—are civil service offenses that are discrete from academic freedom. Hence, academic freedom cannot justify or shield violations of civil service discipline, and CSC’s exercise of jurisdiction does not violate this cons
...continue readingCase Syllabus (G.R. No. 168766)
Facts of the Case
- Henry A. Sojor was appointed president of Central Visayas Polytechnic College (CVPC) in 1991 by then-President Corazon Aquino.
- Republic Act No. 8292 (Higher Education Modernization Act of 1997) mandated creation of the Board of Trustees (BOT) as the governing body of state colleges, which appointed Sojor as CVPC president for two four-year terms from 1998 to 2006.
- In 2004, CVPC was converted into Negros Oriental State University (NORSU), with the Board of Regents (BOR) replacing the BOT as governing body.
- Three administrative complaints were filed by faculty members against Sojor before the Civil Service Commission Regional Office (CSC-RO) of Region VII, alleging dishonesty, grave misconduct, falsification of documents, and nepotism related to salary releases and appointments.
- Sojor moved to dismiss the complaints arguing CSC lacked jurisdiction over him because he was a presidential appointee belonging to the non-competitive unclassified service under the exclusive disciplinary jurisdiction of the Office of the President.
- CSC-RO denied Sojor’s motion to dismiss and proceeded with investigation. Sojor appealed to the CSC proper, which reaffirmed jurisdiction and authorized investigation and preventive suspension for 90 days.
- Sojor then petitioned the Court of Appeals (CA), which issued a preliminary injunction halting CSC’s investigation and subsequently annulled CSC resolutions, ruling CSC acted without jurisdiction and upheld the exclusive power of the BOT/BOR to discipline the university president.
Issues Presented
- Whether the CSC has disciplinary jurisdiction over the president of a state university such as Sojor.
- Whether the assumption of jurisdiction by CSC over a state university president violates academic freedom.
- Whether the governing board’s power to discipline university officials is exclusive or concurrent with CSC’s jurisdiction.
- Whether appointments made during pending administrative cases amount to condonation of the charges.
CSC’s Position and Ruling of the Court of Appeals
- CSC asserted jurisdiction over Sojor, who is a non-career civil service official appointed by the governing board, not directly by the President.
- CSC claimed concurrent jurisdiction with the BOT/BOR based on Republic Act No. 8292 and other CSC rules.
- The CA ruled the governing board’s power to appoint carried with it exclusive power to discipline and remove officials, thus CSC had no jurisdiction, and academic freedom principles protected such exclusive disciplinary authority.
Supreme Court’s Ruling and Legal Reasoning
I. Jurisdiction of the Civil Service Commission
- The 1987 Constitution grants CSC jurisdiction over the entire civil service, which