G.R. No. 190566 - Maglalang vs. Philippine Amusement and Gaming Corp.

Case Summary (G.R. No. 190566)

Key Dates

Incident: December 13, 2008. Initial memorandum charging petitioner: January 8, 2009. Board decision imposing suspension: March 19, 2009 (received March 31, 2009). Board denial of reconsideration: May 13, 2009 (memorandum issued June 8, 2009; received June 18, 2009). Petition for certiorari filed in the Court of Appeals (CA): August 17, 2009. CA Resolution dismissing the petition: September 30, 2009; CA denial of motion for reconsideration: November 26, 2009. Petition to the Supreme Court and decision: December 11, 2013.

Applicable Law and Legal Principles

Constitutional basis: 1987 Philippine Constitution, Article IX-B, Section 2(1) (Civil Service embraces government instrumentalities and GOCCs with original charters). Statutory and regulatory provisions cited: P.D. No. 807 (Civil Service Decree of the Philippines), Section 37; Executive Order No. 292 (Administrative Code of 1987), Section 47 (Disciplinary Jurisdiction). Procedural rules: Rule 65 (certiorari) and Rule 45 (review on certiorari) of the Rules of Civil Procedure, and the doctrine on exhaustion of administrative remedies and its exceptions.

Factual Background

While performing teller duties on December 13, 2008, petitioner received cash from customer Cecilia comprising 45 P1,000 bills and ten P500 bills (totaling P50,000). Following casino procedure, petitioner spread the bills into clusters but mistakenly formed four clusters instead of five, initially declaring only P40,000. Upon recount prompted by the customer, petitioner corrected the declared amount to P50,000 and apologized. The customer accused petitioner of attempting to shortchange her, berated him, and security involvement ensued. Petitioner filed an Incident Report the same day.

Administrative Proceedings at PAGCOR

PAGCOR, through the casino branch manager, charged petitioner with Discourtesy towards a casino customer and required an explanation within 72 hours. Petitioner submitted a written explanation. The PAGCOR Board of Directors found petitioner guilty and imposed a 30-day suspension. Petitioner filed a motion for reconsideration and requested production of investigation-related documents, which PAGCOR denied. The Board denied reconsideration, and PAGCOR issued memoranda communicating the findings and penalty to petitioner.

Petition in the Court of Appeals

Petitioner filed a petition for certiorari under Rule 65 with the CA, alleging absence of factual and legal basis for the finding of guilt, and asserting grave abuse of discretion in PAGCOR’s adjudication and in the imposition of a 30-day suspension. Petitioner explained he did not appeal to the Civil Service Commission (CSC) because the penalty imposed was a 30-day suspension, which he contended is not within the CSC’s appellate jurisdiction.

CA Dismissal and Rationale

The CA dismissed the petition as premature for failure to exhaust administrative remedies. The CA relied on Article IX-B, Section 2(1) of the 1987 Constitution, holding that PAGCOR—created by PD No. 1869—is within the Civil Service and that controversies concerning PAGCOR employees fall under the Merit System Protection Board and the CSC pursuant to the Administrative Code of 1987. The CA treated petitioner’s recourse to the CA as improper for non-exhaustion.

Issues Raised Before the Supreme Court

Petitioner assailed the CA’s dismissal and denial of reconsideration, contending (1) the CA erred by treating the case as within CSC appellate jurisdiction despite the penalty being a 30-day suspension, (2) a 30-day suspension is a light offense warranting reprimand only, and (3) grave abuse of discretion and lack or excess of jurisdiction by PAGCOR warranted certiorari relief. PAGCOR countered that petitioner omitted relevant facts, that factual issues predominated (not proper for certiorari), that Section 37 of the Civil Service Decree limits appeals for penalties not exceeding 30 days by declaring such agency-level decisions final and executory, and that the imposed suspension was justified under PAGCOR’s Code of Discipline.

Governing Doctrine on Exhaustion of Administrative Remedies

The Supreme Court reviewed the doctrine of exhaustion of administrative remedies: ordinarily, a party must avail administrative remedies before seeking judicial intervention because of practicality, comity, and administrative efficiency. The Court reiterated the recognized exceptions to exhaustion, including when no administrative review is provided by law, when administrative action is patently illegal or amounts to lack or excess of jurisdiction, when there is violation of due process, when the issue is purely legal, and other enumerated exceptions.

Application of Exception: No Administrative Review Provided by Law

The Court found that the present case falls under the specific exception that the law provides no administrative review for the type of administrative case involved. P.D. No. 807, Section 37(a)-(b), and Section 47 of E.O. No. 292 make decisions of heads of agencies final and executory when the penalty imposed is suspension for not more than thirty days and explicitly limit CSC appellate jurisdiction to suspensions of more than thirty days. Thus, for suspensions not exceeding thirty days, there is no administrative appeal to the CSC and consequently no administrative remedy to exhaust.

Role of Certiorari and Distinction from Appeal

The Court emphasized that certiorari under Rule 65 is a special civil action distinct from an appeal and is available only when there

Case Syllabus (G.R. No. 190566)

Case Citation, Nature of the Case, and Panel

Full citation: 723 Phil. 546, First Division, G.R. No. 190566, December 11, 2013.
Nature of the case: Petition for review on certiorari (Rule 45) assailing Court of Appeals (CA) resolutions dismissing a petition for certiorari (Rule 65) and denying motion for reconsideration.
Decision authored by Associate Justice Villarama, Jr., with concurrence by Sereno, C.J. (Chairperson), Leonardo-De Castro, Bersamin, and Reyes, JJ.
Lower-court / tribunal actions involved: Court of Appeals Resolutions dated September 30, 2009 (dismissing petition for certiorari) and November 26, 2009 (denying motion for reconsideration), in CA-G.R. SP No. 110048. CA opinion in September 30, 2009 penned by Associate Justice Josefina Guevara-Salonga with Associate Justices Celia C. Librea-Leagogo and Priscilla J. Baltazar-Padilla concurring.

Parties and Representation

Petitioner: Mark Jerome S. Maglalang, former teller at Casino Filipino, Angeles City Branch.
Respondent: Philippine Amusement and Gaming Corporation (PAGCOR), a government-owned or controlled corporation established by Presidential Decree No. 1869, represented in the caption by its incumbent chairman Efraim Genuino.
Counsel appearances in the record: Reference to Atty. Carlos R. Bautista, Jr. providing a letter-reply that did not indicate authority to represent PAGCOR (per the facts in the source).

Material Facts — Incident and Immediate Aftermath

Date and place: Afternoon of December 13, 2008, Casino Filipino, Angeles City Branch.
Transaction: A lady customer later identified as Cecilia Nakasato (also referred to as Cecilia Alfonso in some pleadings) handed petitioner mixed cash amounting to P50,000.00 (45 pieces of P1,000.00 and 10 pieces of P500.00).
Teller action and error: Petitioner followed casino procedure by laying the bills on the spreading board but erroneously spread the bills into four clusters instead of five (each cluster intended to represent P10,000.00). Petitioner declared P40,000.00 to Cecilia based on four clusters.
Customer observation and correction: Cecilia questioned the declared amount, pointed out that the first cluster was thicker; petitioner recounted, found the first cluster actually contained 20 pieces of P1,000.00, apologized, and corrected the declared total to the full P50,000.00.
Confrontation and security involvement: Cecilia allegedly accused petitioner of attempting to shortchange her and berated and cursed him. Petitioner was asked to take a ten-minute break; on return Cecilia continued berating. Both were invited to the casino’s Internal Security Office. Petitioner filed an Incident Report the same day.

Administrative Proceedings and Chronology of Notices, Filings, and Decisions

January 8, 2009: Petitioner received a Memorandum from Branch Manager Alexander Ozaeta charging him with "Discourtesy towards a casino customer" and directing explanation within 72 hours.
January 10, 2009: Petitioner submitted a letter-explanation in compliance.
March 19, 2009 (received March 31, 2009): PAGCOR informed petitioner the Board of Directors found him guilty of discourtesy and imposed a 30-day suspension for the first offense.
April 2, 2009: Petitioner filed a Motion for Reconsideration asking for reversal or, in the alternative, that the proper penalty be a reprimand.
April 20, 2009: Petitioner filed a Motion for Production seeking documents, including the investigating committee’s recommendation and the Board’s Decision/Resolution and factual findings.
June 2, 2009: A letter-reply dated June 2 from Atty. Carlos R. Bautista, Jr. denied the Motion for Production; petitioner received the reply on June 17, 2009.
June 8, 2009 / June 18, 2009: PAGCOR issued memoranda reiterating the March 19 decision and informing petitioner that the Board, in meeting on May 13, 2009, resolved to deny his appeal for lack of merit; petitioner received the memoranda on June 18, 2009.
August 17, 2009: Petitioner filed a petition for certiorari under Rule 65 before the Court of Appeals, alleging lack of evidence, grave abuse of discretion, procedural defects, and that the 30-day suspension was disproportionate.
September 30, 2009: Court of Appeals dismissed the petition for certiorari as premature for failure to exhaust administrative remedies.
Petitioner filed motion for reconsideration with the CA; CA denied the motion in its November 26, 2009 Resolution.
Thereafter, petitioner sought relief before the Supreme Court via a petition for review on certiorari under Rule 45.

Petitioner’s Contentions on Appeal to the CA and to the Supreme Court

Substantive claims:
- There was no factual or legal basis to support PAGCOR’s finding of guilt.
- PAGCOR committed grave abuse of discretion amounting to lack or excess of jurisdiction by adjudging him guilty, by failing to observe proper procedure, and by imposing a 30-day suspension (a harsh penalty).
Jurisdictional claim and procedural justification to invoke CA:
- Petitioner did not appeal to the Civil Service Commission (CSC) because the penalty imposed was a 30-day suspension, which petitioner contends is not within the CSC’s appellate jurisdiction.
- Petitioner asserted that discourtesy in performance of official duties is a light offense punishable only by reprimand.
- Petitioner relied on precedent (e.g., Geronga v. Hon. Varela) and the Civil Service law and Executive Order provisions to argue that a 30-day suspension is not appealable to the CSC; hence no administrative appeal remedy was available and resort to CA via certiorari was appropriate.

Respondent’s (PAGCOR’s) Contentions and Defenses

Factual counter-allegations:
- PAGCOR alleges that petitioner intentionally omitted relevant matters from his statement of facts: petitioner allegedly refused to apologize, treated the customer’s complaint with arrogance, and slammed the cash onto the counter window before taking his break.
- PAGCOR contends the petition raises questions of fact not reviewable in a petition for certiorari.
Legal and procedural defenses:
- PAGCOR maintained the CA’s dismissal for non-exhaustion of administrative remedies was correct and in accordance with law and jurisprudence.
- PAGCOR invoked Section 37 of the Revised Uniform Rules on Administrative Cases in the Civil Service (as described in the record) to argue that decisions imposing suspension for not more than 30 days are final and executory and thus not appealable; it emphasized the policy of limiting appeals for minor offenses.
- PAGCOR asserted the 30-day suspension was justified under its own Code of Discipline.

Court of Appeals’ Rationale for Dismissal (as described in the record)

CA held the petition for certiorari was premature