Title
Lameyra vs. Pangili
Case
G.R. No. 131675
Decision Date
Jan 18, 2000
A janitor terminated for alleged AWOL and insubordination contested his dismissal, claiming political bias; SC ruled due process was violated, remanding for further proceedings.
municipal hall
wrongful dismissal
due process

Case Summary (G.R. No. 131675)

Factual Background

Pedro C. Lameyra was appointed janitor/messenger of the Municipal Hall of Famy, Laguna on February 2, 1988, initially as temporary, and received permanent appointment on January 1, 1989. His appointing authority was then Municipal Mayor Melquiadez Acomular. Mayor George S. Pangilinan succeeded Mayor Acomular after the May 8, 1995 election. On August 21, 1995, Mayor Pangilinan informed Lameyra that he was dropped from the rolls pursuant to Memorandum Circular No. 12, Series of 1994, citing insubordination and absence without official leave (AWOL). The Mayor relied on a May 31, 1995 memorandum directing daily time log compliance and on a certification by Personnel Officer Benito L. Vicencio that Lameyra did not report for work from July 6, 1995 to August 6, 1995. The Mayor also alleged falsification of a daily time record for December, 1994 and filed a criminal complaint for falsification with the Deputy Ombudsman.

Administrative Proceedings before the Civil Service Commission

Lameyra filed an appeal with the Civil Service Commission asserting that he was a permanent employee entitled to security of tenure and due process, and alleging political harassment because he had voted for a rival candidate. The Commission, in Resolution No. 96-0828 dated February 6, 1996, dismissed the appeal and affirmed the local government's action, finding that Lameyra was absent without approved leave for the period in question and that he produced no proof of leave. Lameyra then filed a motion for reconsideration attaching three sworn statements, including an affidavit by Vice-Mayor Constancio A. Fernandez, averring that Lameyra had reported to the Vice Mayor’s office upon advice of the Civil Service regional office and had been prevented from signing the log book. The Commission denied reconsideration in Resolution No. 970558 dated January 28, 1997, ruling that the certifications of the Personnel Officer remained dispositive and that, even if physically present, Lameyra was not officially reporting for duty.

Court of Appeals Proceedings

Lameyra sought judicial review in the Court of Appeals. The Court of Appeals affirmed the Civil Service Commission’s resolution, holding that Lameyra had been afforded due process and that the Commission’s factual findings were supported by substantial evidence. The Court rejected the contention that the affidavits submitted with the motion for reconsideration constituted newly discovered evidence warranting reversal.

Issues Presented to the Supreme Court

The principal questions before the Supreme Court were whether Lameyra was removed from the service without due process and whether the Civil Service Commission and the Court of Appeals correctly treated the personnel officer’s certification as substantial evidence sufficient to sustain separation for AWOL under Memorandum Circular No. 12, Series of 1994. Lameyra also alleged political harassment and contended that the affidavits attached to his motion for reconsideration should have been considered.

Parties’ Contentions

Petitioner maintained that he was a permanent employee who was terminated without prior written notice, investigation, or hearing and that his removal was politically motivated. He asserted that he had reported for duty but was prevented from signing the log book and that the affidavits annexed to his motion for reconsideration directly contradicted the Personnel Officer’s certification. Respondent defended the separation as consistent with Memorandum Circular No. 12, Series of 1994, asserting that the basis was AWOL and that the affidavits were not newly discovered and were untimely when offered after the Commission’s resolution.

Supreme Court Ruling

The Supreme Court found merit in Lameyra’s petition, reversed and set aside the judgment of the Court of Appeals, and remanded the case to the Civil Service Commission for further proceedings consistent with the Court’s decision. The Court held that the Commission’s factual finding rested principally on the personnel officer’s certification and that such certification did not constitute substantial evidence in the circumstances of the case.

Legal Basis and Reasoning

The Court observed that Memorandum Circular No. 12, Series of 1994 allows dropping from the rolls without prior notice where an employee is continuously AWOL for at least thirty calendar days, with the requirement only that the separated employee be informed of his separation not later than five days from its effectivity. The Court nevertheless emphasized that findings of administrative fact must be supported by substantial evidence. The Court found that the certification of nonattendance by the Personnel Officer was undermined by Lameyra’s sworn statements that he had reported to the Vice Mayor’s office upon advice of the regional Civil Service office and by his allegation that the Personnel Officer prevented him from signing the log book. The Court further noted allegations that Lameyra had been replaced and was asked to resign. Under those circumstances the Court concluded that equity and due process required that the affidavits submitted with the motion for reconsideration not be treated as too late or merely cumulative but be given due conside

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