This case has been cited 2 times or more.
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2002-02-06 |
BELLOSILLO, J. |
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| The case of private respondent Galzote is not the first time that this Court has done away with the requirement of an approved leave of absence. In University of the Philippines v. Civil Service Commission[46] we disregarded the literal import of Sec. 33[47] (equivalent of Secs. 35 and 63 above-quoted) of Rule XVI of the Revised Civil Service Rules in recognition of UP's constitutionally guaranteed academic freedom to allow the university to continue employing a teacher-employee who had been on AWOL. UP teaches that although academic freedom is not written in the CSC Rules on leave of absence, we can factor such freedom in establishing the validity of UP's action to override it. We therefore advocate equal treatment for CSC's reasonable implementation of its own rules in the specific and actual case of private respondent, an exercise which like UP's academic freedom also has the Constitution as its basis. Truly, if we could accept the exemption of UP from the CSC Rules on grounds not stated therein, i.e. academic freedom, then equally, if not with more reason, must we recognize the CSC's accepted authority to incorporate as part of the CSC Rules its own interpretations thereof. | |||||
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2002-02-06 |
BELLOSILLO, J. |
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| On 19 October 1994 she requested the Municipal Personnel Officer as well as Mayor Jejomar Binay, both of petitioner city government, for the lifting of her suspension and for her reinstatement to her position in accordance with the 9 September 1991 memorandum.[11] On 4 August 1995, or nearly a year after she made her request for reinstatement from petitioner City Government and no action was taken thereon, private respondent filed a letter-request with the CSC for the same cause.[12] Consequently, in Resolution No. 960153 the CSC found merit in her submissions and ordered her immediate reinstatement to the position of Clerk III with back wages from 19 October 1994, which was the day she presented herself as reporting for work after her detention, until her actual resumption of duty.[13] | |||||