479 Phil. 171
SANDOVAL-GUTIERREZ, J.:
“CSC Memorandum Circular No. 38, series of 1993 dated September 10, 1993 provides as follows:Respondents then filed with the Court of Appeals a petition for review.‘Officers and employees who are absent for at least thirty (30) days without approved leave are considered on Absence Without Official Leave (AWOL) and may be dropped from the service without prior notice.“Based on the above-quoted provision, it is undeniable that the appointing authority has the legal right to drop from the rolls a civil service officer or employee. Nowhere in the quoted provision is it stated that only the Commission has the exclusive authority to drop from the rolls civil service officers or employees. Hence, contrary to the first contention of the appellants, Mayor Plaza acted in conformity with the law when he ordered the dropping from the rolls of herein appellants. The records of the case show the fact that appellants did not report for work from April 1993 up to the time they were dropped from the rolls. Although they manifested intention to return to work upon expiration of their preventive suspension, still they adamantly insisted that they would report only in their old office and not in the new one created by Executive Order No. 06-92. The legal excuse being given by the appellants is highly untenable. The Executive Order issued by the Mayor is presumed valid until annulled by the proper authorities. The same presumption shall also apply insofar as the designation of Mrs. Tuazon as OIC is concerned. The proper course of action for the appellants is to comply with the Mayor’s directives and then challenge the questioned Executive Order before the proper forum, otherwise, the appellants should suffer the consequence of their acts.
‘A notice or order of the dropping from the rolls of an employee shall be issued by the appointing authority and submitted to the CSC Office concerned for record purposes.’
“We find without merit the contention of the appellants that they were denied due process for lack of notice and opportunity to be heard before they were dropped from the rolls. The separation of an employee who is dropped from the rolls is a non-disciplinary action wherein the respondent is entitled to notice and hearing. In the above-quoted provision, an officer or employee may be dropped from the rolls if he was continuously absent without official leave for a period of at least thirty days. Prior notice is not necessary.
“As to the last contention of the appellants that it was really the intention of the mayor to systematically remove them, the Commission likewise finds it without merit. No evidence was submitted by the appellants to support such contention.”
“The fundamental rule of due process, on the other hand, requires that a person be accorded notice and opportunity to be heard (Rebuena v. Civil Service Commission, G.R. No. 115942, 31 May 1995; Klaveness Maritime Agency, Inc. v. Palmos, 232 SCRA 448 [1994]). ‘Ample opportunity’ contemplated by law connotes every kind of assistance which must be accorded to the employee to enable him to prepare adequately for his defense including legal representation (Segismundo v. NLRC, G.R. No. 112203, 13 December 1994, 329 SCRA 167, citing Abiera v. NLRC, 215 SCRA 476 [1992]). Non-compliance with the twin requirements of notice and hearing is fatal because these requirements are conditions sine qua non before a dismissal may be validly effected (Maneho v. NLRC, 229 SCRA 240 [1994], citing Tiu v. NLRC, 215 SCRA 540 [1992]). In fact, notice and hearing must be accorded an employee even though the employee does not affirmatively demand it (Century Textile Mills v. NLRC, 161 SCRA 528 [1988]).In the main, petitioners contend that the Court of Appeals erred in setting aside the CSC Resolutions dropping respondents from the rolls and EO No. 06-92 directing the devolution of 19 national DSWD employees to the local or city DSWD to be headed by petitioner Virginia Tuazon.
“A circumspect scrutiny of the record leaves Us unconvinced that petitioners were accorded this opportunity to be heard when they sought relief before respondent CSC’s Regional Office No. X which dismissed their complaint, docketed as ADM. Case No. ND 93-023, against respondents City Mayor and Virginia V. Tuazon for violation of the Civil Service Law and its implementing rules and regulations. x x x
x x x
“As regards the validity of the issuance of E.O. No. 06-92, there can be no dispute over the power of the government to reorganize, whether traditional, progressive or whatever adjective is appended to it. However, the essence of constitutional government is adherence to basic rules. The rule of law requires that no government official should feel free to do as he pleases using only his avowedly sincere intentions and conscience to guide him. The fundamental standards of fairness embodied in the bona fide rule can not be disregarded (Mendoza v. Quisumbing, 186 SCRA 108 [1990]; see also Romualdez-Yap v. CSC, 225 SSCRA 285 [1993].”
“The local chief executive shall be responsible for all devolved functions. He may delegate such powers and functions to his duly authorized representative whose position shall preferably not be lower than the rank of a local government department head. In all cases of delegated authority, the local chief executive shall at all times observe the principle of command responsibility.”Section 2 (a) states that:
“Except as herein otherwise provided, devolved permanent personnel shall be automatically reappointed by the local chief executive concerned immediately upon their transfer which shall not go beyond June 30, 1992.”Likewise, Section 22 of CSC Memorandum Circular No. 19, Series of 1992, specifies that:
“The positions absorbed by the local government units from the national government agencies shall be automatically created upon transfer of their corresponding budgetary allocation.It is thus clear that Mayor Plaza is empowered to issue EO No. 06-92 in order to give effect to the devolution decreed by the Local Government Code. As the local chief executive of Butuan City, Mayor Plaza has the authority to reappoint devolved personnel and may designate an employee to take charge of a department until the appointment of a regular head, as was done by the Mayor here.
“Devolved permanent personnel shall be automatically reappointed by the local chief executive concerned immediately upon their transfer.
“However, pending the completion of the new organizational structure and staffing pattern, the local government executives may assign devolved personnel to divisions/sections/units where their qualifications are best suited or appropriate.”
“VI. Requirements For Certain Mode of Separation.Pursuant to the above provisions and as ruled by the CSC, the dropping from the rolls of private respondents is not disciplinary in nature. Thus, their assertion that they were denied due process is untenable. Since the dropping from the rolls is not an administrative sanction, they need not be notified or be heard.
Dropping from the Rolls – Non-disciplinary in nature, executory but appealable to the CSC office concerned within fifteen (15) days from receipt of the order or notice.
Officers and employees who are absent for at least thirty (30) days without approved leave are considered on Absence Without Leave (AWOL) and may be dropped from the service without prior notice.
A notice or order of the dropping from the rolls of an employee shall be issued by the appointing authority and submitted to the CSC office concerned for record purposes.”