615 Phil. 131
LEONARDO-DE CASTRO, J.:
As a requirement for her appointment as Teacher I of the Department of Education, Marawi City, petitioner FATIMA A. MACUD submitted her Personal Data Sheet (PDS) to the CSC Regional Office XII. Her declaration in the said PDS that she successfully passed the 23 October 1994 Professional Board Examination for Teachers (PBET) in Iligan City was the moving force which led to the instant controversy.
Investigations were thereupon conducted by CSC Regional Office XII (CSCRO XII) anent petitioner's PBET pursuant to its Standard Operating Procedure (SOP) to verify the eligibility of newly appointed teachers. Thereafter, on 27 November 2002, petitioner was formally charged with Dishonesty, Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service before the same regional office, to wit:
- On April 10, 2002, Fatima A. Macud was appointed as Teacher I of the Department of Education- Marawi City Division by City Schools Division Superintendent Olindang G. Dimaampao;
- In support of her appointment, Macud submitted a copy of her Personal Data Sheet (PDS) dated January 25, 2002. In the said PDS, particularly in item no. 19 thereof, Macud claims to have taken and passed the October 23, 1994 Professional Board Examination for Teachers (PBET) in Iligan City with a rating of 76.26%;
- As a standard operating procedure, this Office verified the claimed eligibility of Macud with her examination records, namely: the Application Form (AF) to the said examination and the Picture-Seat Plan (PSP) of Room No. 16 at St. Michael's College, Iligan City;
- In the examination of Macud's PDS, the AF and the PSP, the following were revealed:
4.1 There is a disparity in Macud's date of birth as appearing in the AF and PSP as against her PDS accomplished on January 25, 2002. December 15, 1958 appeared as her date of birth in the AF and PSP while it is December 15, 1965 that appeared in her PDS;
4.2 A comparison of the facial features of Macud in the picture attached to her PDS vis-à-vis her features as shown in the picture attached to the AF and PSP shows an obvious dissemblance;
4.3 The signature of Macud as appearing in her PDS is likewise different from that affixed in her AF and PSP.
The foregoing facts clearly show that Macud deliberately allowed another person to take for and in her behalf the October 23, 1994 PBET in Iligan City.
WHEREFORE, Fatima A. Macud is hereby formally charged with Dishonesty, Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service. Accordingly, she is given five (5) days from receipt hereof to submit to this Office a written answer under oath, together with the affidavit of her witnesses and documentary evidence, if any. She shall state whether she elects a formal investigation or waives the same. Respondent is also informed of her right to engage the service of a counsel of her choice.
In her Answer, petitioner asserted that she personally took the PBET on 23 October 1994 in Iligan City. While she admitted item nos. 1, 2, 4.1, 4.3 of the formal charge filed against her, supra, petitioner vehemently denied item no. 4.2 by alleging that the dissemblance of her picture attached to her AF and PSP from her picture pasted on her PDS was because the two pictures were taken on two different occasions, i.e., her picture in the AF and PSP was taken in 1993 while that of the PDS was taken in 2002, roughly nine (9) years apart from each other. Anent the disparity in her signatures, petitioner reasoned out that it was the result of the change of her status, i.e., she eventually got married and had to use the surname of her husband. With respect to her date of birth, she alleged that her known and recognized date of birth prior and up to 1994 was 15 December 1958. Thereafter, she was informed that her correct date of birth is 15 December 1965, as indicated in her PDS dated 25 January 2002.
On 19 August 2003, CSCRO XII conducted a formal investigation. However, petitioner failed to attend. Nevertheless, the investigation proceeded with the presentation of documentary evidence against her, viz: Application Form filled out by Fatima Ali on 23 October 1994 for the PBET; Picture-Seat Plan (PSP) of Room #16, St. Michael's College, Iligan City; Personal Data Sheet (PDS) of Fatima Ali-Macud dated 25 January 2002; Appointment of Fatima Ali-Macud as Teacher I (Regular Permanent) in the Department of Education-Division of Marawi City issued by Supt. Olindang G. Dimaampao dated 10 April 2002; Personal Data Sheet (PDS) of Fatima C. Ali dated 1 November 1987.
On 27 January 2004, the CSCRO XII rendered a Decision, the dispositive portion thereof reads:WHEREFORE, Fatima A. Macud is hereby found guilty of Dishonesty, Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service. Accordingly, she should be meted the penalty of dismissal from the service with all the accessory penalties, including perpetual disqualification from holding public office in the future. Furthermore, the Civil Service eligibility of Macud is hereby revoked and cancelled.The petitioner's motion for reconsideration of the Decision, supra, was denied by the CSCRO XII on 23 March 2004.
Let copies of this Decision be furnished the respondent in her address on record; the Division Superintendent, Department of Education (DepEd) - Iligan City Branch; the Office for Legal Affairs (OLA), Civil Service Commission (CSC); the Civil Service Commission Field Office (CSCFO) for Lanao del Sur and Marawi City; the Personnel Inspection and Audit Division (PIAD) and the Examination and Placement Services Division (EPSD), both of this Office, for their information.
On her Appeal to the CSC Central Office, petitioner raised the following issues:On 15 June 2005, the CSC rendered Resolution No. 050780, denying petitioner's appeal, the fallo thereof states:
- Whether or not the Civil Service Commission-Regional Office No. XII, Cotabato City, has jurisdiction over the person of the respondent-appellant and, therefore has jurisdiction to try and decide the case;
- Whether or nor respondent-appellant committed, in fact and in law, the charges of Dishonesty, Grave Misconduct, and Conduct Prejudicial to the Best Interest of Service;
- Whether or not the PBET Civil Service Eligibility can be revoked and cancelled motu proprio without the benefit of basic due process requirements of notice and hearing.
WHEREFORE, the appeal of Fatima A. Macud is hereby DISMISSED. Accordingly, the Civil Service Commission Regional Office No. XII Decisions dated January 27, 2004, finding her guilty of Dishonesty, Grave Misconduct, and Conduct Prejudicial to the Best Interest of Service, and dated March 23, 2004 denying Macud's motion for reconsideration are hereby AFFIRMED.[5]
[T]he CSC has no jurisdiction to hear and decide the instant case. xxx Republic Act No. 4670 or the Magna Carta for Public School Teachers of 1966 is the law in point.
x x x
In Armand Fabella, et al vs. Court of Appeals, et al, the Supreme Court emphatically ruled that RA 4670, otherwise known as the Magna Carta for Public School Teachers, specifically covers and governs administrative proceedings involving public school teachers. x x x
Although under Presidential Decree No. 807 (PD 807) or the Civil Service Law, the Civil Service embraces every branch, agency, subdivision, and instrumentality of the government, including government-owned or controlled corporations whether performing governmental or proprietary function, the CSC does not have original jurisdiction over an administrative case against public school teacher. Jurisdiction over administrative cases of public school teachers is lodged with the Investigating Committee created pursuant to Section 9 of RA 4670, supra, now being implemented by Section 2, Chapter VII of DECS Order No. 33, S. 1999, otherwise known as the DECS Rules of Procedure.
x x x
Certainly as petitioner is covered by RA 4670, it is the Investigating Committee that should have investigated her case conformably with Section 9 of RA 4670, supra, and not the CSC. Thus, all proceedings undertaken by the latter with respect to the instant case are necessarily void.[6]
I
The Honorable Court of Appeals erred in ruling that the Investigating Committee formed under R.A. 4670 has exclusive jurisdiction to try the administrative case against respondent.II
The Honorable Court of Appeals erred in holding that respondent is not estopped from impugning the jurisdiction of the CSC on the ground that lack of jurisdiction could be assailed at anytime of the proceedings.
Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters. x x x (emphasis ours)
Section 3. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs. (emphasis ours)
Section 12. Powers and Functions. - The Commission shall have the following powers and functions:
(1) Administer and enforce the constitutional and statutory provisions on the merit system for all levels and ranks in the Civil Service;
(2) Prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the Civil Service Law and other pertinent laws;
xxx xxx xxx
(11) Hear and decide administrative cases instituted by or brought before it directly or on appeal, including contested appointments, and review decisions and actions of agencies attached to it...
xxx xxx xxx
(14) Take appropriate action on all appointments and other personnel matters in the Civil Service including extension of service beyond retirement age;
xxx xxx xxx
As the central personnel agency of the government, the CSC has jurisdiction to supervise the performance of and discipline, if need be, all government employees, including those employed in government-owned or controlled corporations with original charters such as PUP. Accordingly, all PUP officers and employees, whether they be classified as teachers or professors pursuant to certain provisions of law, are deemed, first and foremost, civil servants accountable to the people and answerable to the CSC in cases of complaints lodged by a citizen against them as public servants. xxx
xxx xxx xxx
We are not unmindful of certain special laws that allow the creation of disciplinary committees and governing bodies in different branches, subdivisions, agencies and instrumentalities of the government to hear and decide administrative complaints against their respective officers and employees. Be that as it may, we cannot interpret the creation of such bodies nor the passage of laws such as - R.A. Nos. 8292 and 4670 allowing for the creation of such disciplinary bodies - as having divested the CSC of its inherent power to supervise and discipline government employees, including those in the academe. To hold otherwise would not only negate the very purpose for which the CSC was established, i.e. to instill professionalism, integrity, and accountability in our civil service, but would also impliedly amend the Constitution itself. (emphasis supplied)
The present case, however, partakes of an act by petitioner to protect the integrity of the civil service system... It falls under the provisions of Sec. 12, par. 11, on administrative cases instituted by it directly. This is an integral part of its duty, authority and power to administer the civil service system and protect its integrity, as provided in Article IX-B, Sec. 3 of the Constitution, by removing from its list of eligibles those who falsified their qualifications. This is to be distinguished from ordinary proceedings intended to discipline a bona fide member of the system, for acts or omissions that constitute violations of the law or the rules of the service.[11] (emphasis supplied)
It is erroneous, therefore, for respondents to contend that R.A. No. 4670 confers an exclusive disciplinary authority on the DECS over public school teachers and prescribes an exclusive procedure in administrative investigations involving them. R.A. No. 4670 was approved on June 18, 1966. On the other hand, the 1987 Constitution was ratified by the people in a plebiscite in 1987... It is basic that the 1987 Constitution should not be restricted in its meaning by a law of earlier enactment... However, repeals by implication are not favored, and courts have the duty to harmonize, so far as it is practicable, apparently conflicting or inconsistent provisions. Therefore, the statement in Fabella that Section 9 of R.A. No. 4670 reflects the legislative intent to impose a standard and a separate set of procedural requirements in connection with administrative proceedings involving public school teachers should be construed as referring only to the specific procedure to be followed in administrative investigations conducted by the DECS. (emphasis supplied)