GR 139131; (September, 2002) (Digest)
G.R. No. 139131 , September 27, 2002
JESUS R. GONZALES, petitioner, vs. CIVIL SERVICE COMMISSION, AND PHILIPPINE CHILDREN’S MEDICAL CENTER (PCMC), respondents.
FACTS
Petitioner Jesus R. Gonzales was a Utility Worker II at the Pharmacy Section of respondent Philippine Children’s Medical Center (PCMC). On March 2, 1998, he started absenting himself without approved leave (AWOL) and without explanation. Due to the exigency of his functions, PCMC, through its Human Resources Management Officer, sent him a letter-notice dated March 5, 1998, directing him to report for work within three days from receipt, otherwise he would be dropped from the rolls. During his absence, petitioner was seen on several occasions within PCMC premises without consulting for any medical problem. He failed to report for work, and PCMC dropped him from the rolls effective March 20, 1998. Petitioner appealed to the Civil Service Commission (CSC), which upheld PCMC’s action in Resolution No. 98-2359, stating the separation was non-disciplinary and he could be re-employed. His motion for reconsideration was denied. Petitioner then filed a petition for review in the Court of Appeals (CA), which dismissed it for failure to comply with Section 6(c), Rule 43 of the Rules of Court, specifically for not attaching certified true copies of material portions of the records and supporting papers. His motion for reconsideration, to which he attached the required certified copies, was also denied.
ISSUE
1. Whether the Court of Appeals committed grave error in dismissing the appeal based on a technicality.
2. Whether there is factual and legal basis for respondent PCMC to drop petitioner from the rolls for his alleged absences without leave.
RULING
1. On the technicality issue: The Supreme Court held that the CA erred in dismissing the petition purely on technical grounds. Citing Cadayona vs. Court of Appeals, the Court ruled that Section 6, Rule 43 of the Revised Rules of Court does not impose the requirement that all supporting papers accompanying the petition must be certified true copies; only the award, judgment, final order, or resolution appealed from needs to be a certified true copy or duplicate original. A stricter requirement for petitions under Rule 43 was not intended by the framers and would be too harsh, contrary to the objective of a just, speedy, and inexpensive disposition. Moreover, petitioner’s submission of the required certified documents with his Motion for Reconsideration and Compliance constituted substantial compliance.
2. On the merits of the dismissal: The Supreme Court affirmed the CSC’s decision upholding petitioner’s dropping from the rolls. The Court found no cogent reason to set aside the factual findings of the CSC. Petitioner admitted he was absent without approved leave starting March 2, 1998. His unauthorized absences constituted conduct prejudicial to the best interest of the service under the Administrative Code of 1987. The legal basis for dropping him from the rolls is found in Section 35, Rule XVI of the Omnibus Rules Implementing E.O. 292 and Paragraph 2.1(b) of CSC Memorandum Circular No. 12, s. 1994, which allow dropping an employee even before 30 days of AWOL if the exigencies of the service require immediate presence and the employee fails to return after a written order. Petitioner’s claim of denial of due process was untenable. The essence of due process in administrative proceedings is an opportunity to be heard or explain one’s side. PCMC provided this by sending a return-to-work notice and a subsequent notice of his dropping from the rolls, enumerating the reasons. Petitioner had the opportunity to report for duty after receipt but did not. The dropping from the rolls was non-disciplinary in nature under CSC rules, without forfeiture of benefits and without prejudice to re-employment in the government service at the appointing authority’s discretion.
DISPOSITIVE PORTION:
The Resolution of the Court of Appeals dated January 14, 1999, and its Resolution dated February 16, 1999, are SET ASIDE. However, Resolutions Nos. 98-2359 and 98-3021 of the Civil Service Commission, dropping petitioner from the rolls of respondent PCMC without prejudice to his re-employment in the government service, are AFFIRMED. No pronouncement as to costs.