G.R. No. L-18138 May 19, 1966
HONORIO J. HERNANDO, plaintiff and appellant, vs. J. FRANCISCO, Commodore, PN, Flag Officer in Command Philippine Navy, HON. ALEJO SANTOS, Secretary of National Defense, and HON. PEDRO GIMENEZ, Auditor General, defendants and appellees.

FACTS

Honorio J. Hernando, a civil service eligible, had been in government service since 1938, holding positions in the lighthouse service. In 1954, administrative charges were filed against him. The Provincial Auditor of Ilocos Norte investigated these charges upon instruction from the Superintendent of the Lighthouse Service. Hernando was suspended. After the suspension period, his petitions for reinstatement were denied. The Provincial Fiscal later dismissed a related criminal aspect. The Bureau of Civil Service rendered a decision on the administrative case in 1958. Hernando filed a petition for reconsideration and later a complaint in the Court of First Instance of Ilocos Norte for reinstatement. The lower court dismissed his petition. The parties submitted a stipulation of facts, which included a sworn statement by Hernando dated May 5, 1956, wherein he expressed willingness to be separated from government service provided the criminal aspect was quashed and his name cleared, and indicated that his period of suspension was sufficient penalty.

ISSUE

The main issues raised were: (1) whether there was a denial of due process in the administrative investigation; (2) whether the Provincial Auditor had the authority to investigate a civil service employee; and (3) whether Hernando waived his right to a formal investigation through his sworn statement.

RULING

The Supreme Court affirmed the lower court’s order of dismissal. On the first issue, the Court found that due process in the strict judicial sense is not indispensable in administrative proceedings. On the second issue, the Court ruled that the Provincial Auditor validly acted as the authorized representative of the Superintendent of the Lighthouse Service in conducting the investigation, as authority to investigate can be delegated under the Civil Service Rules and Executive Order No. 370, series of 1941. On the third issue, the Court held that Hernando, by his sworn statement of May 5, 1956, wherein he agreed to discontinue his request for reinvestigation and expressed willingness to be separated from service, waived any formal imperfections in the investigation and was estopped from questioning it. The Court concluded that Hernando’s inaction amounted to an abandonment of his office.