GR 162321; (June, 2007) (Digest)
G.R. No. 162321 ; June 29, 2007
PANGASINAN STATE UNIVERSITY, petitioner, vs. COURT OF APPEALS, CIVIL SERVICE COMMISSION, AND MYRNA T. LAGOY, respondents.
FACTS
Myrna Lagoy, a professor at Pangasinan State University (PSU), faced administrative charges for various infractions including insubordination and gross neglect of duty. Following investigations by a College Level Fact-Finding Committee and a University Level Investigating Committee, the PSU Board of Regents issued Resolution No. 55, s. 1998, finding her guilty and imposing the penalty of forced resignation without benefits. Lagoy’s motion for reconsideration was denied by the PSU President on February 11, 1999. Instead of appealing this decision to the Civil Service Commission (CSC) within the 15-day reglementary period, Lagoy filed a petition for certiorari with the Regional Trial Court (RTC) on March 8, 1999. The RTC dismissed her petition, and this dismissal became final and executory.
Subsequently, on March 27, 2001, Lagoy filed an appeal with the CSC, challenging a February 19, 2001 letter from the PSU President which she treated as the decision in her case. The CSC, in Resolution No. 02-0297, remanded the case to PSU for reinvestigation, citing the absence of a formal charge. The Court of Appeals affirmed the CSC’s resolutions, prompting PSU to elevate the case to the Supreme Court.
ISSUE
Whether the Court of Appeals erred in affirming the CSC Resolutions which remanded the case to PSU for reinvestigation.
RULING
Yes. The Supreme Court reversed the Court of Appeals and nullified the CSC Resolution. The Court held that Lagoy’s failure to appeal the PSU Board of Regents’ Resolution No. 55, s. 1998 to the CSC within the 15-day reglementary period from her receipt of the denial of her motion for reconsideration on February 11, 1999 rendered the administrative decision final and executory. The perfection of an appeal within the period set by law is mandatory and jurisdictional. Consequently, the CSC no longer had any jurisdiction to entertain Lagoy’s belated appeal filed on March 27, 2001, nor to order a reinvestigation. The PSU Board of Regents’ Resolution imposing the penalty of forced resignation without benefits was thus sustained. The Court emphasized that the CSC should have dismissed Lagoy’s appeal outright for being filed out of time.