G.R. No. L-19748; September 13, 1962
PAULINO J. GARCIA, petitioner, vs. THE HON. EXECUTIVE SECRETARY, and JUAN SALCEDO, JR., in his capacity as Acting Chairman of the National Science Development Board, respondents.

FACTS

Petitioner Dr. Paulino J. Garcia was appointed Chairman of the National Science Development Board (NSDB) for a fixed six-year term under Republic Act No. 2067. Following the 1961 elections and a change in administration, he was charged administratively for alleged electioneering. On February 16, 1962, the Executive Secretary, by authority of the President, placed Garcia under preventive suspension effective February 18, 1962. Concurrently, respondent Juan Salcedo, Jr. was designated as Acting Chairman. An investigating committee was formed, but the hearings were delayed and eventually postponed indefinitely due to the extended absence abroad of one committee member.
Garcia filed this petition for quo warranto and prohibition, contending that his preventive suspension exceeded the 60-day maximum period prescribed under Section 35 of the Civil Service Act of 1959 (Republic Act No. 2260), which mandates reinstatement if an administrative case is not decided within that period. His 60-day suspension period expired on April 19, 1962, yet he remained suspended and was not reinstated.

ISSUE

Whether Section 35 of the Civil Service Act of 1959, limiting preventive suspension to a maximum of sixty days, applies to a presidential appointee like the NSDB Chairman, thereby rendering his continued suspension beyond that period illegal.

RULING

Yes, the Supreme Court ruled in favor of petitioner Garcia. The Court held that Section 35 of the Civil Service Act is mandatory and applies to all officers and employees in the civil service, including presidential appointees like the NSDB Chairman. The provision states that when an administrative case is not finally decided within sixty days after the respondent’s suspension, the respondent “shall be reinstated in service.” The Court emphasized that this new statutory limitation was a deliberate congressional response to the evils of indefinite suspension, which deprives an individual of a means of livelihood without due process.
The respondents’ argument that the section applied only to cases decided by the Commissioner of Civil Service was rejected. The Court found no statutory basis for such a distinction. The law’s clear intent was to impose a uniform time limit to prevent prolonged suspensions pending investigation, ensuring a speedy disposition of administrative charges. Since Garcia’s suspension exceeded sixty days without a final decision, his continued suspension was declared illegal. Consequently, respondent Juan Salcedo, Jr. was found to be unlawfully holding the office of NSDB Chairman from April 19, 1962, onward. The Court ordered Garcia’s reinstatement.