469 Phil. 395
AZCUNA, J.:
Section 46, Chapter 6, Subtitle A, Book V, Executive Order No. 292, otherwise known as the “Administrative Code of 1987”, provides:In short, the Court of Appeals deemed the anonymous letter as a complaint which failed to comply with the formal requirements of the law.“SEC. 46. Discipline: General Provisions. –Section 48 (1) and (2), of the same Subtitle further provides:x x x
(c) Except when initiated by the disciplining authority, no complaint against a civil service official or employee shall be given due course unless the same is in writing and subscribed and sworn to by the complainant.” (Italics Ours)“SEC. 48. Procedure in Administrative Cases Against Non-Presidential Appointees. – (1) Administrative proceedings may be commenced against a subordinate officer or employee by the Secretary or head of office of equivalent rank, or head of local government, or chiefs of agencies, or regional directors, or upon sworn, written complaint of any other person.On the other hand, Section 8, Rule II of Resolution No. 99-1936, otherwise known as the “Uniform Rules on Administrative Cases in the Civil Service”, provides:
(2) In the case of a complaint filed by any other person, the complainant shall submit sworn statements covering his testimony and those of his witnesses together with his documentary evidence. If on the basis of such papers a prima facie case is found not to exist, the disciplining authority shall dismiss the case. If a prima facie case exists, he shall notify the respondent in writing, of the charges against the latter, to which shall be attached copies of the complaint, sworn statements and other documents submitted, and the respondent shall be allowed not less than seventy-two hours after receipt of the complaint to answer the charges in writing under oath, together with supporting sworn statements and documents, in which he shall indicate whether or not he elects a formal investigation if his answer is not considered satisfactory. If the answer is found satisfactory, the disciplining authority shall dismiss the case.” (Underscoring Ours).“SEC. 8. Complaint. – A complaint against a civil service official or employee shall not be given due course unless it is in writing and subscribed and sworn to by the complainant. However, in cases initiated by the proper disciplining authority, the complainant need not be under oath.As may be observed, while E.O. No. 292 is silent as to anonymous complaints, Resolution No. 99-1936 provides for cognizance of such complaints in two (2) instances, to wit: (a) there is obvious truth or merit to the allegations therein, and (b) they are supported by documentary or direct evidence. It may be recalled that E.O. 292 was promulgated by former President Corazon C. Aquino on 25 July 1987, pursuant to Section 6, Article XVII of the 1987 Constitution (Transitory Provisions) which reads:
No anonymous complaint shall be entertained unless there is obvious truth or merit to the allegations therein or supported by documentary or direct evidence, in which the person complained of may be required to comment.
The complaint should be written in a clear, simple and concise language and in a systematic manner as to appraise the civil servant concerned of the nature and cause of the accusation against him and to enable him to intelligently prepare his defense or answer.The complaint shall contain the following:
In the absence of any one of the aforementioned requirements, the complaint shall be dismissed.”
- full name and address of the complainant;
- full name and address of the person complained of as well as his position and office of employment;
- a narration of the relevant and material facts which shows the acts or omissions allegedly committed by the civil servant;
- certified true copies of documentary evidence and affidavits of his witnesses, if any; and
- certification or statement of non-forum shopping.
“SEC. 6. The Incumbent President shall continue to exercise legislative powers until the first Congress is convened”On the other hand, resolution No. 99-1936 was promulgated by the Civil Service Commission pursuant to the power vested upon it under Section 12 (2), Chapter 3, title I, Subtitle (A), Book V of E.O. No. 292 which reads:“SEC. 12. Powers and Functions. – The Commission shall have the following powers and functions:May the Civil Service Commission arrogate upon itself to provide something which the Administrative Code of 1987 did not provide for? We rule in the negative. Administrative rules and regulations are intended to carry out, not supplant or modify, the law. With this, We cannot but hold with disapprobation the pertinent provision, viz., the second paragraph of Section 8 of Resolution No. 99-1936. Where the law makes no distinction, one does not distinguish.x x x
(2) Prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the Civil Service Law and other pertinent laws:x x x”
Does this affect jurisdiction?x x x x x x
In Our considered opinion, what is contemplated under Sections 46 and 48 aforecited, is the initiation of a complaint against a civil service official or employee, much like the “institution” of a criminal complaint, by filing a complaint for preliminary investigation by the fiscal, which vests the fiscal with the quasi-judicial discretion to determine whether to file a criminal case in court. In the case at bar, the CSCRO was without jurisdiction to conduct a preliminary investigation on the anonymous complaint. May the CSCRO then file a formal charge against petition? We rule in the negative.
The complaint is dismissible at the outset. – Section 48 (2), Chapter 6, Subtitle A, Book V of E.O. No. 292 provides: x x x(2) In the case of a complaint filed by any other person, the complainant shall submit sworn statements covering his testimony and those of his witnesses together with his documentary evidence. If on the basis of such papers a prima facie case is found not to exist, the disciplining authority shall dismiss the case…” (Underscoring Ours).Section 8, Rule II of the Uniform Rules on Administrative Cases in the Civil Service, provides: x x xThe employment of the word “shall” connotes a mandatory character. A formal charge may only be filed upon establishment of a prima facie case. A prima facie case must be found to exist on the basis of sworn statements of the complaint and his witnesses, and certified true copies of documentary evidence. Absent these, the complaint shall be dismissed. Corollarily, a formal charge is not in order.“SEC. 8. Complaint. – x x x.In the absence of any one of the aforementioned requirements, the complaint shall be dismissed.” (Underscoring Ours)x x x
The complaint shall contain the following:x x x
- certified true copies of documentary evidence and affidavits of his witnesses, if any; and
- certification or statement of non-forum shopping.
The petition is meritorious.
- The Court of Appeals erred in ruling that the CSC Regional Office was without jurisdiction to conduct an investigation on the anonymous complaint.
- The Court of Appeals erred in ruling that the CSC Regional Office cannot file a formal complaint against Dumlao on the basis of an anonymous complaint.
As can be seen from the bare contents of the anonymous letter, it was not a complaint within the purview Section 8, Rule II of the Uniform Rules on Administrative Cases in the Civil Service which requires, among others, the full name and address of the complainant and of the person complained of, a narration of the relevant and material facts, and certification of non-forum shopping. Neither did it, by itself, commence administrative proceedings, requiring an answer from Dumlao described under Section 48 (2) of E.O. No. 292, but merely triggered an investigation by the CSC.
- A department of Education Culture and Sports, Supervisor based in Binalonan is an undergraduate. He never had a college degree. His name is Neolito Dumlao, presently assigned as supervisor based in Binalonan, Pangasinan. He claims to have finished his college degree in U Pang., short for University of Pangasinan in Dagupan City. xxx. A check with the registrar office will shock you.
- Dumlao also claims to have taken his M.A. in English at the Zaragoza College of Tayug, Pangasinan. Check that one too and you will be surprised.
- He also has many pending cases in court; all criminal cases that includes forgery, falsification of public documents, and estafa …
The petitioner-appellant contends that Administrative Case No. 22, Series of 1970, filed against him is not valid because the letter-complaint of Atty. Jovita Padlan is not sworn to by her. x x x It appears, however, that Mayor Antonio J. Villegas himself filed the administrative charge against the petitioner motu proprio. Hence, the complaint need not be subscribed and sworn to. And even assuming that Mayor Villegas based his memorandum of April 10, 1970 on the letter-complaint of Atty. Padlan, the Mayor as the head or chief of the office may, in his discretion, take action thereon if public interest or the special circumstances of the case warrant.Following this ruling, the Court of Appeals erred in not holding that the complaint against Dumlao was initiated by the CSC itself.