CSC v. ALBAO

CSC V.
ALBAO
Facts:
The Office of the Vice President issued an original and permanent appointment for the position
of Executive Assistant IV to respondent. Respondent was then a contractual employee at said
Office. The Office of the Vice President requested the retrieval of the said appointment paper
from CSC but the latter disapproved the appointment. Thereafter, petitioner issued an Order,
holding that it has found a prima facie case exists against respondent for Dishonesty and
Falsification of Official Documents, committed as follows:
1. He took and passed the Assistant Electrical Engineer Examination held on October 15
and 16, 1988 with a rating of 71.64%
2. To support his claim, he submitted a Report of Rating showing he obtained a rating of

71.64% during the aforesaid Assistant Electrical Engineering Examination, all
purportedly issued by the Professional Regulation Commission (PRC)y
3. That the Professional Regulation Commission (PRC) has informed CSC-NCR that the
name Ranulfo P. Albao does not appear in the Table of Results and Master lists of
examinees of the Board of Electrical Engineering which contain the names of those who
took the Assistant Electrical Engineer Examination given in October, 1988
After filing his Answer, respondent filed an "Urgent Motion to Resolve" the issue of whether or
not the Civil Service Commission has original jurisdiction over the administrative case.
Respondent contended that the Commission has no jurisdiction over the same for the following
reasons:
(1) The permanent appointment issued to him never became effective, even if it was later
disapproved, because he never assumed such position in the first place.
Moreover, he is already out of government service since he resigned from his position
effective at the closing hour of October 30, 1998.
(2) As he is no longer with the civil service, the Commission has no disciplinary jurisdiction
over him as a private person.
(3) While it is true that the Commission has original disciplinary jurisdiction over all its
officials and employees and cases involving civil service examination anomalies or
irregularities (Sec. 28, Omnibus Rules7 of 1991), as well as over sworn complaints directly
filed before it against any other official or employee (Sec. 29, Omnibus Rules of 1991), the
administrative case commenced against him did not fall under any of those instances
(4) Since the Commission has no jurisdiction to institute the administrative case, it cannot
delegate the same to the CSC-NCR.
The Civil Service Commission rendered a decision stating that the Civil Service Commission -
National Capital Region has jurisdiction over disciplinary cases against employees of agencies,
local or national for offenses committed within its geographical area.
Respondent filed a motion for reconsideration. However, the same was denied by the CSC
Respondent filed a Petition for Review before the Court of Appeals.
The Court of Appeals found merit in the petition. It held that based on Executive Order No. 292,
otherwise known as the Administrative Code of 1987, particularly Section 12 (11), Section 47
(1), (2) and Section 48, Title 1 (A), Book V thereof, the CSC-NCR does not have jurisdiction to
investigate and decide the case of respondent. Consequently, the CSC-NCR exceeded its
authority in initiating the administrative case against him
Issue:
Whether or not the Civil Service Commission has original jurisdiction to institute the instant
administrative case against respondent Albao through its regional office, the CSC-NCR.
Ruling:
Petitioner argues that as the central personnel agency of the government, it is expressly
conferred the power and authority to initiate the proceedings herein involved against a public
official and employee. It asserts that such authority is contained in Section 12 (11), (16) in
relation to Section 16 (15 [c]), Title 1(A), Book V of Executive Order No. 292
Petitioner contends that Section 12 (11) states that the Commission has the power "to hear and
decide administrative cases instituted by or brought before it directly or on appeal." As such,
when the Commission, in the course of the performance of its official and other duties, comes to
know of any transgression committed by a government employee, it can initiate the necessary
proceedings. In this case, it initiated the administrative proceedings against respondent after the
discovery of the latter's spurious eligibility.
Article IX-B, Section 3 of the Constitution declares the Civil Service Commission as the central
personnel agency of the Government, thus:
Section 3. The Civil Service Commission, as the central personnel agency of the
Government, shall establish a career service and adopt measures to promote morale,
efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It
shall strengthen the merit and rewards system, integrate all human resources
development programs for all levels and ranks, and institutionalize a management
climate conducive to public accountability. It shall submit to the President and the
Congress an annual report on its personnel programs.
Section 12, Title 1 (A), Book V of EO No. 292 enumerates the powers and functions of the Civil
Service Commission, one of which is its quasi-judicial function under paragraph 11, which
states:
Section 12. Powers and Functions - - The Commission shall have the following powers
and functions:
(11)Hear and decide administrative cases instituted by or brought before it directly or

on appeal, including contested appointments, and review decisions and actions of its
offices and of the agencies attached to it. . . .
Section 47, Title 1 (A), Book V of EO No. 292, on the other hand, provides, as follows:
SEC. 47. Disciplinary Jurisdiction. - (1) The Commission shall decide upon appeal all
administrative disciplinary cases…
A complaint may be filed directly with the Commission by a private citizen against

a government official or employee in which case it may hear and decide the
case or it may deputize any department or agency or official or group of officials to
conduct the investigation..
(2) The Secretaries and heads of agencies and instrumentalities, provinces, cities
and municipalities shall have jurisdiction to investigate and decide matters
involving disciplinary action against officers and employees under their
jurisdiction…
Furthermore, Section 48, Title 1(A), Book V of EO No. 292 provides for the procedure in
administrative cases against non-presidential appointees, thus:
SEC. 48. Procedure in Administrative Cases Against Non-Presidential Appointees. - - (1)

Administrative proceedings may be commenced against a subordinate officer or
employee by the Secretary or head of office of equivalent rank, or head of local
government, or chiefs of agencies, or regional directors, or upon sworn, written
complaint of any other person.
Respondent Albao was a contractual employee in the Office of the Vice President before his
appointment to a permanent position
Pursuant to Section 47 (1), (2) and Section 48, it is the Vice President of the Philippines, as
head of office, who is vested with jurisdiction to commence disciplinary action against
respondent Albao.
It is true that Section 47 (2), Title 1 (A), Book V of EO No. 292 gives the heads of government
offices original disciplinary jurisdiction over their own subordinates. Their decisions shall be final
in case the penalty imposed is suspension for not more than thirty days or fine in an amount not
exceeding thirty days' salary.
It is only when the penalty imposed exceeds the aforementioned penalties that an appeal may
be brought before the Civil Service Commission which has appellate jurisdiction over the same
in accordance with Section 47 (1) Title 1(A), Book V of EO No. 292, thus:
SEC. 47. Disciplinary Jurisdiction. - (1) The Commission shall decide upon appeal all

administrative disciplinary cases involving the imposition of a penalty of suspension
for more than thirty days, or fine in an amount exceeding thirty days' salary, demotion in
rank or salary or transfer, removal or dismissal from office. . .
The present case, however, partakes of an act by petitioner to protect the integrity of the civil
service system, and does not fall under the provision on disciplinary actions under Sec. 47. It
falls under the provisions of Sec. 12, par. 11, on administrative cases instituted by it directly.
This is an integral part of its duty, authority and power to administer the civil service system and
protect its integrity, as provided in Article IX-B, Sec. 3 of the Constitution, by removing from its
list of eligible those who falsified their qualifications. This is to be distinguished from ordinary
proceedings intended to discipline a bona fide member of the system, for acts or omissions that
constitute violations of the law or the rules of the service.
Thus, the petition is GRANTED

CSC v. ALBAO

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CSC V.

2. To support his claim, he submitted a Report of Rating showing he obtained a rating of

(11)Hear and decide administrative cases instituted by or brought before it directly or

A complaint may be filed directly with the Commission by a private citizen against

SEC. 48. Procedure in Administrative Cases Against Non-Presidential Appointees. - - (1)

SEC. 47. Disciplinary Jurisdiction. - (1) The Commission shall decide upon appeal all

Thus, the petition is GRANTED

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