GR 123708 Vitug (Digest)
G.R. No. 123708, June 19, 1997.
CIVIL SERVICE COMMISSION and PHILIPPINE AMUSEMENT AND GAMING CORPORATION, petitioners, vs. RAFAEL M. SALAS, respondent.
FACTS
The case involves respondent Rafael M. Salas, an Internal Security Staff member of the Philippine Amusement and Gaming Corporation (PAGCOR) assigned to a casino. The Civil Service Commission (CSC) upheld his dismissal, ruling he was a confidential employee by operation of law, making his termination a mere expiration of term. The Court of Appeals reversed, ordering his reinstatement with backwages, finding his dismissal illegal but without prejudice to the filing of warranted administrative charges. The ponencia by Justice Regalado supports the appellate court’s view that Salas was not a confidential employee and thus could not be dismissed for mere loss of confidence. Justice Vitug, in a separate concurring opinion, agrees with this conclusion but focuses on the appellate court’s proviso regarding administrative charges. He notes that the intelligence findings against Salas—alleging proxy betting based on customer affidavits and corroborated by unfavorable polygraph test results—could constitute administrative infractions. Vitug suggests the case should be remanded to the CSC to directly address these findings, allowing a full hearing for Salas on the matter.
ISSUE
The main issue is whether respondent Rafael M. Salas is a confidential employee, which would determine the validity of his dismissal by PAGCOR on grounds of loss of confidence.
RULING
The ponencia, as referenced in the separate opinion, rules that Salas is not a confidential employee, making his dismissal for lack of trust or confidence illegal. The Court of Appeals’ decision ordering his reinstatement with backwages is supported, but with the condition that administrative charges may still be filed if warranted. Justice Vitug concurs with this ruling but proposes that, given the adverse intelligence findings against Salas, the case should be remanded to the CSC to specifically evaluate these findings as potential administrative infractions, ensuring Salas is given an opportunity for a hearing.