This case has been cited 2 times or more.
|
2012-10-09 |
MENDOZA, J. |
||||
| Moreover, as early as in the case of Hilario v. Civil Service Commission,[25] the Court interpreted Section 47, Chapter 7, Subtitle A, Title I, Book V of E.O. No. 292 as allowing the direct filing with the CSC by a public official of a complaint against a fellow government employee. In the said case, Quezon City Vice-Mayor Charito Planas directly filed with the CSC a complaint for usurpation, grave misconduct, being notoriously undesirable, gross insubordination, and conduct prejudicial to the best interest of the service against the City Legal Officer of Quezon City. The CSC issued a resolution ruling that the respondent official should not be allowed to continue holding the position of legal officer. In a petition to the Supreme Court, the official in question asserted that the City Mayor was the only one who could remove him from office directly and not the CSC. The Court upheld the decision of the CSC, citing the same provision of the Administrative Code: Although respondent Planas is a public official, there is nothing under the law to prevent her from filing a complaint directly with the CSC against petitioner. Thus, when the CSC determined that petitioner was no longer entitled to hold the position of City Legal Officer, it was acting within its authority under the Administrative Code to hear and decide complaints filed before it.[26] [Underscoring supplied] | |||||
|
2008-05-22 |
REYES, R.T., J. |
||||
| In the more recent case of Camacho v. Gloria,[40] this Court lent credence to the concurrent jurisdiction of the CSC when it affirmed that a case against a university official may be filed either with the university's BOR or directly with the CSC. We quote:Further, petitioner contends that the creation of the committee by the respondent Secretary, as Chairman of the USP Board of Regents, was contrary to the Civil Service Rules. However, he cites no specific provision of the Civil Service Law which was violated by the respondents in forming the investigating committee. The Civil Service Rules embodied in Executive Order 292 recognize the power of the Secretary and the university, through its governing board, to investigate and decide matters involving disciplinary action against officers and employees under their jurisdiction. Of course under EO 292, a complaint against a state university official may be filed either with the university's Board of Regents or directly with the Civil Service Commission, although the CSC may delegate the investigation of a complaint and for that purpose, may deputize any department, agency, official or group of officials to conduct such investigation.[41] (Emphasis supplied) | |||||