G.R. No. L-14233; September 23, 1959
RAFAEL PASTORIZA, petitioner-appellant, vs. THE DIVISION SUPERINTENDENT OF SCHOOLS, ET AL., respondents-appellees.

FACTS

On March 13, 1957, an administrative complaint was filed against Rafael Pastoriza, a Supervisor at the Cebu Normal School, by Dr. Pablo U. Abella, alleging that Pastoriza slapped Abella’s son inside a classroom. The complaint was filed with the Division Superintendent of Schools of Cebu. The appellees (Division Superintendent and Assistant Division Superintendent) endorsed the complaint to Pastoriza, requiring his answer. After Pastoriza filed an answer denying the charges, the appellees set the case for formal investigation. During the hearing, Pastoriza moved to dismiss the proceedings for lack of jurisdiction, arguing that under Section 695 of the Revised Administrative Code, as amended, the exclusive power to investigate administrative charges against civil service employees was vested in the Commissioner of Civil Service. The appellees then telegraphed the Commissioner of Civil Service for authority or for a civil service investigator to handle the case. Instead of sending an investigator, the Chief of the Law Division of the Bureau of Civil Service, by an endorsement dated April 18, 1957, referred the case to the Director of Public Schools for appropriate action in accordance with Executive Order No. 370, series of 1941. The Director of Public Schools, in turn, referred the case back to the appellee Division Superintendent for prompt compliance. Pastoriza commenced a special civil action of prohibition in the Court of First Instance to prevent the respondents from proceeding with the investigation, arguing that the Commissioner of Civil Service had no power to delegate his exclusive investigative authority. The trial court dismissed his action, prompting this appeal on pure questions of law.

ISSUE

Whether the Commissioner of Civil Service could validly delegate the power to investigate administrative charges against a civil service employee to the Director of Public Schools and, subsequently, to the Division Superintendent of Schools, under the procedure outlined in Executive Order No. 370, series of 1941, in light of Section 695 of the Revised Administrative Code, as amended by Commonwealth Acts, which granted the Commissioner “exclusive jurisdiction” over such investigations.

RULING

The Supreme Court affirmed the appealed decision, holding that the investigation by the Division Superintendent of Schools was valid. The Court resolved the issue by considering the effect of subsequent legislation. It noted that while Commonwealth Act No. 598 had granted the Commissioner of Civil Service “exclusive” power over investigations, Executive Order No. 370 (issued in 1941) was a valid regulation promulgated by the President, who, as the Department Head of the Commission of Civil Service under existing law, could assume the powers of the Commissioner and issue rules to carry out the Commission’s functions. More decisively, the Court ruled that Republic Act No. 2260 , which took effect on June 19, 1959 (before the Court’s decision), had changed the Civil Service Commission’s jurisdiction from “exclusive” to “final.” The procedure under Executive Order No. 370 substantially conformed to the new law’s general outline. Since Republic Act No. 2260 was procedural in nature and contained no saving clause for pending matters, it applied to the case, and no vested rights could be invoked against its application. Therefore, the investigation conducted under the delegated authority was proper. Costs were imposed on the appellant.