GR 105685; (July, 1994) (Digest)
G.R. No. 105685 July 5, 1994
ORLANDO T. MENDOZA, petitioner, vs. CIVIL SERVICE COMMISSION, and JOSE G. MACAPINLAC in his capacity as Municipal Mayor of Tarlac, Tarlac, respondents.
FACTS
Petitioner Orlando T. Mendoza, a Senior Revenue Inspector, was ordered by Mayor Jose G. Macapinlac via a March 10, 1989 letter to explain within 72 hours charges of falsification and unauthorized tax collection. The letter was sent by registered mail to Mendoza’s office and the registry return card indicated receipt on March 17, 1989. Having received no answer, the Mayor issued a letter-decision on April 6, 1989, dismissing Mendoza from service, a copy of which was received on April 11. Mendoza claimed he only learned of his dismissal in the third week of April and filed a motion for reconsideration dated April 18, 1989.
The Mayor contended the motion was filed only on July 4, 1989. Mendoza later appealed to the Merit Systems Protection Board (MSPB), which reinstated him, finding the appeal period was suspended by his motion and that he was denied due process. The Civil Service Commission (CSC) reversed the MSPB, ruling the appeal was filed out of time and due process was observed.
ISSUE
The issues are: (1) whether Mendoza’s dismissal violated due process, and (2) whether his appeal to the MSPB was perfected on time.
RULING
The Supreme Court dismissed the petition, upholding the CSC’s resolution. On the first issue, the Court found Mendoza was afforded due process. The letter-complaint was sent by registered mail to his office, and the registry return card proved receipt. The practice in government offices is for mail to be received by an assigned employee. Mendoza’s own motion for reconsideration did not question the failure to serve the complaint but instead argued its constitutional defect for not apprising him of his right to counsel, and even admitted he may have waived his right to answer.
On the second issue, the Court agreed the appeal was filed out of time. The letter-decision was received on April 11, 1989, giving Mendoza until April 26 to file a motion for reconsideration. The Mayor’s office stamp showed the motion was received only on July 4, 1989. Mendoza failed to refute this with evidence of an earlier filing. Thus, no timely motion was filed to suspend the running of the appeal period. His appeal to the MSPB filed on May 30, 1990, was therefore late. The Court also noted Mendoza failed to timely challenge the Mayor’s standing to appeal the MSPB decision to the CSC, waiving any procedural objection.