G.R. No. 198755 ; June 5, 2013.
ALBERTO PAT-OG, SR., Petitioner, vs. CIVIL SERVICE COMMISSION, Respondent.

FACTS

Petitioner Alberto Pat-og, Sr., a public high school teacher, was administratively charged before the Civil Service Commission-Cordillera Administrative Region (CSC-CAR) based on an affidavit-complaint filed by Robert Bang-on, a 14-year-old student. Bang-on alleged that on August 26, 2003, during a class, Pat-og held his arm and punched his stomach without warning for failing to follow instructions, causing a contusion hematoma that required hospitalization. A criminal case for Less Serious Physical Injury was also filed. Pat-og denied the allegations, claiming he only scolded the students and dismissed the class. The Regional Trial Court later found Pat-og guilty of slight physical injury, a decision which became final after he applied for probation. In the administrative case, the CSC-CAR found Pat-og guilty of Simple Misconduct and imposed a six-month suspension. On appeal, the Civil Service Commission (CSC) modified the decision, finding him guilty of Grave Misconduct and ordering his dismissal with accessory penalties. Pat-og then raised the issue of jurisdiction, arguing that under the Magna Carta for Public School Teachers, administrative charges should first be heard by a constituted committee. The CSC ruled he was estopped from challenging jurisdiction after active participation. The Court of Appeals affirmed the CSC’s resolutions.

ISSUE

Whether the Civil Service Commission had jurisdiction over the administrative case against petitioner, a public school teacher.

RULING

The Supreme Court ruled that the Civil Service Commission had jurisdiction. The Court held that under the Administrative Code of 1987 and the Constitution, the CSC has jurisdiction over all civil service personnel, including public school teachers. While the Magna Carta for Public School Teachers provides for a preliminary investigation committee, this does not divest the CSC of its appellate jurisdiction or its authority to conduct investigations and hear administrative cases. The committee’s role is preliminary, and its findings are recommendatory to the school superintendent. The CSC retains the power to review and decide administrative cases. Furthermore, the Court found that petitioner was estopped from questioning the CSC’s jurisdiction because he actively participated in the proceedings without raising the issue until after an adverse decision. On the merits, the Court sustained the finding of Grave Misconduct, as the act of punching a minor student constituted a flagrant disregard of the dignity of a person and the ethical standards of the teaching profession, warranting dismissal from the service.