Scribd Logo
Upload

Welcome to Scribd!

  • 55 views

    Geronga vs. Varela Benjamin B. Geronga, Petitioner, vs. Hon. Eduardo Varela, As City Mayor of Cadiz City, Respondent. G.R. No. 160846

    Uploaded by

    KingNoeBadong
    This case involves Benjamin Geronga, an engineer who was involved in two administrative cases and dismissed from his position as a result. The Supreme Court ruled that Geronga was denied due process. Specifically, the Court found that the memorandum dismissing Geronga did not show that he was charged with or held to answer for the acts cited as grounds for dismissal. As such, the memorandum was void from the beginning. The Court explained that due process requires a person be informed of the charges against them and not convicted of an uncharged offense. Since the memorandum was non-existent, there was nothing for Geronga to appeal, violating his right to due process.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Geronga vs. Varela Benjamin B. Geronga, Petitioner, vs. Hon. Eduardo Varela, As City Mayor of Cadiz City, Respondent. G.R. No. 160846

    Uploaded by

    KingNoeBadong
    55 views2 pages
    This case involves Benjamin Geronga, an engineer who was involved in two administrative cases and dismissed from his position as a result. The Supreme Court ruled that Geronga was denied due process. Specifically, the Court found that the memorandum dismissing Geronga did not show that he was charged with or held to answer for the acts cited as grounds for dismissal. As such, the memorandum was void from the beginning. The Court explained that due process requires a person be informed of the charges against them and not convicted of an uncharged offense. Since the memorandum was non-existent, there was nothing for Geronga to appeal, violating his right to due process.

    Original Title

    Geronga

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This case involves Benjamin Geronga, an engineer who was involved in two administrative cases and dismissed from his position as a result. The Supreme Court ruled that Geronga was denied due process. Specifically, the Court found that the memorandum dismissing Geronga did not show that he was charged with or held to answer for the acts cited as grounds for dismissal. As such, the memorandum was void from the beginning. The Court explained that due process requires a person be informed of the charges against them and not convicted of an uncharged offense. Since the memorandum was non-existent, there was nothing for Geronga to appeal, violating his right to due process.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    55 views2 pages

    Geronga vs. Varela Benjamin B. Geronga, Petitioner, vs. Hon. Eduardo Varela, As City Mayor of Cadiz City, Respondent. G.R. No. 160846

    Uploaded by

    KingNoeBadong
    This case involves Benjamin Geronga, an engineer who was involved in two administrative cases and dismissed from his position as a result. The Supreme Court ruled that Geronga was denied due process. Specifically, the Court found that the memorandum dismissing Geronga did not show that he was charged with or held to answer for the acts cited as grounds for dismissal. As such, the memorandum was void from the beginning. The Court explained that due process requires a person be informed of the charges against them and not convicted of an uncharged offense. Since the memorandum was non-existent, there was nothing for Geronga to appeal, violating his right to due process.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    133. Geronga vs.

    Varela

    BENJAMIN B. GERONGA, petitioner, vs. HON. EDUARDO VARELA,


    TITLE as City Mayor of Cadiz City, respondent.

    G.R. No. 160846.


    GR NUMBER

    DATE February 22, 2008.

    PONENTE Austria-Martinez, J

    Failure to raise particular arguments is deemed waived; Aspects of


    NATURE/ Proceedings; Administrative law

    KEYWORDS

    Petitioner is an Engineer IV at General Services Department of


    FACTS Cadiz, was involved in 2 admin cases: (1) Administrative Case for
    Unjust Vexation, Contempt, Insubordination, Conduct Unbecoming a
    Public Officer, and Alarm and Scandal; (2) and Administrative Case
    for Grave Misconduct and Engaging in Partisan Political Activity. The
    City Legal Officer recommended DISMISSAL FOR GRAVE MISCONDUCT
    and for partisan politics. City Mayor Varela approved both
    recommendations and issued Memo addressed to Geronga imposing the
    penalty of dismissal. Geronga filed w/ CSC a NOTICE OF APPEAL (w/o
    counsel), and further filed a Joint Memo in w/c he discussed ONLY the
    second case against him (still w/o counsel). CSC granted the appeal
    thereby reinstating the Petitioner. Varela filed Motion for Reconsideration
    with the CSC, contending that Geronga could no longer be reinstated as
    he failed to appeal the first case against him which ultimately dismissed
    Geronga, thus it became final and executory. CSC granted the MR in
    favor of Petitioner on the ground that Gerango failed to raise the first
    case against him which has already attained finality.

    1. Whether or not Gerango was denied the due process of law


    ISSUE(S)

    Yes.
    RULING(S)
    The Court held that the dismissal of the petitioner on the first case
    filed against him, upon closer inspection, reveal that he was
    dismissed for an act which was not alleged in the administrative
    charge filed against him. The sworn complaint filed against
    Geronga in the first case pertains solely on the alleged defamatory
    statements made in his Letter-Answer to the Sworn Complaint and
    this according to Varela constitutes Grave Misconduct punishable
    by dismissal from the government service. There is no showing
    that the Memorandum dismissing Geronga appear that petitioner
    was charged with Grave Misconduct or that he was held to answer
    for his alleged defamatory statements in the abovementioned
    letter hence, the Memorandum Dismissing the petitioner is void ab
    initio.

    Therefore, there was nothing for Geronga to appeal from since the
    Memorandum containing both the first and second administrative
    case against him is non-existent
    The Court explained “Two fundamental requirements of due
    process in administrative cases are that a person must be duly
    informed of the charges against him; and that he cannot be
    convicted of an offense or crime with which he was not charged. A
    deviation from these requirements renders the proceeding invalid
    and the judgment issued therein a lawless thing that can be struck
    down anytime.”
    .

    You might also like