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 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 investigation for lack of jurisdiction, arguing that under Section 695 of the Revised Administrative Code, as amended, the exclusive power to investigate 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 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 it 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 investigating, arguing that the Commissioner of Civil Service had no power to delegate his exclusive authority to investigate. The trial judge overruled his contentions and dismissed the 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 subordinate to the Director of Public Schools and, subsequently, to the Division Superintendent of Schools, in light of Section 695 of the Revised Administrative Code (as amended by Commonwealth Act No. 598 ) which granted the Commissioner “exclusive jurisdiction” and “exclusive charge of all formal administrative investigations.”

RULING

The Supreme Court affirmed the appealed decision, ruling against the appellant. The Court held that the procedure followed under Executive Order No. 370, series of 1941—whereby the Commissioner of Civil Service referred the complaint to the Director of Public Schools, who then referred it to the Division Superintendent for investigation—was valid. The Court reasoned that: (1) The President, as Department Head of the Commission of Civil Service under existing law, could assume the powers of the Commissioner and promulgate rules and regulations like Executive Order No. 370 to carry out the Commission’s powers. (2) The statute granting “exclusive” power to the Commission itself acknowledged the superior authority of the President by providing for appeals to a Board appointed by the President. (3) Furthermore, Republic Act No. 2260 , which took effect on June 19, 1959 (after the initiation of the proceedings but before the Supreme Court’s decision), changed the Civil Service’s jurisdiction from “exclusive” to “final,” and its procedural outline substantially conformed to the process under Executive Order No. 370. This new law, being procedural in nature and containing no saving clause for prior matters, applied to the pending case, and no vested rights could be invoked against its application. Therefore, the investigation by the Division Superintendent was proper.