723 Phil. 546
VILLARAMA, JR., J.:
It is now settled that, conformably to Article IX-B, Section 2(1), [of the 1987 Constitution] government-owned or controlled corporations shall be considered part of the Civil Service only if they have original charters, as distinguished from those created under general law.Hence, this petitionwhere petitioner argues that the CA committed grave and substantial error of judgment
PAGCOR belongs to the Civil Service because it was created directly by PD 1869 on July 11, 1983. Consequently, controversies concerning the relations of the employee with the management of PAGCOR should come under the jurisdiction of the Merit System Protection Board and the Civil Service Commission, conformably to the Administrative Code of 1987.
Section 16(2) of the said Code vest[s] in the Merit System Protection Board the power inter alia to:
a) Hear and decide on appeal administrative cases involving officials and employees of the Civil Service. Its decision shall be final except those involving dismissal or separation from the service which may be appealed to the Commission.
Petitioner claims that the CA clearly overlooked the applicable laws and jurisprudence that provide that when the penalty involved in an administrative case is suspension for not more than 30 days, the CSC has no appellate jurisdiction over the said administrative case. As authority, petitioner invokes our ruling in Geronga v. Hon. Varela[23] which cited Section 47,[24] Chapter 1, Subtitle A, Title I, Book V of Executive Order (E.O.) No. 292 otherwise known as The Administrative Code of 1987. Said Section 47 provides that the CSC may entertain appeals only, among others, from a penalty of suspension of more than 30 days. Petitioner asserts that his case, involving a 30-day suspension penalty, is not appealable to the CSC. Thus, he submits that his case was properly brought before the CA via a petition for certiorari.[25]
- IN OUTRIGHTLY DISMISSING THE PETITION FOR CERTIORARI FILED BY PETITIONER AND IN DENYING THE LATTER’S MOTION FOR RECONSIDERATION[;]
- IN RULING THAT THE CIVIL SERVICE COMMISSION HAS APPELLATE JURISDICTION OVER THE SUSPENSION OF THE PETITIONER DESPITE THE FACT THAT THE PENALTY INVOLVED IS NOT MORE THAN THIRTY (30) DAYS[;]
- IN RESOLVING THE PETITION FOR CERTIORARI FILED BY PETITIONER IN A MANNER WHICH IS UTTERLY CONTRARY TO LAW AND JURISPRUDENCE[;]
- IN UNJUSTIFIABLY REFUSING TO RENDER A DECISION AS TO THE PROPRIETY OR VALIDITY OF THE SUSPENSION OF THE PETITIONER BY THE RESPONDENT[;]
- IN UNDULY REFUSING TO RENDER A DECISION DECLARING THAT THE ASSAILED DECISIONS/RESOLUTIONS OF THE RESPONDENT ARE NOT SUPPORTED BY THE EVIDENCE ON RECORD[; AND]
- IN UNJUSTIFIABLY REFUSING TO RENDER A DECISION DECLARING THAT THE ASSAILED DECISIONS/RESOLUTIONS OF RESPONDENT WERE ISSUED WITH GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION.[22]
Under the doctrine of exhaustion of administrative remedies, before a party is allowed to seek the intervention of the court, he or she should have availed himself or herself of all the means of administrative processes afforded him or her. Hence, if resort to a remedy within the administrative machinery can still be made by giving the administrative officer concerned every opportunity to decide on a matter that comes within his or her jurisdiction, then such remedy should be exhausted first before the court's judicial power can be sought. The premature invocation of the intervention of the court is fatal to one’s cause of action. The doctrine of exhaustion of administrative remedies is based on practical and legal reasons. The availment of administrative remedy entails lesser expenses and provides for a speedier disposition of controversies. Furthermore, the courts of justice, for reasons of comity and convenience, will shy away from a dispute until the system of administrative redress has been completed and complied with, so as to give the administrative agency concerned every opportunity to correct its error and dispose of the case.However, the doctrine of exhaustion of administrative remedies is not absolute as it admits of the following exceptions:
(1) when there is a violation of due process; (2) when the issue involved is purely a legal question; (3) when the administrative action is patently illegal amounting to lack or excess of jurisdiction; (4) when there is estoppel on the part of the administrative agency concerned; (5) when there is irreparable injury; (6) when the respondent is a department secretary whose acts as an alter ego of the President bears the implied and assumed approval of the latter; (7) when to require exhaustion of administrative remedies would be unreasonable; (8) when it would amount to a nullification of a claim; (9) when the subject matter is a private land in land case proceedings; (10) when the rule does not provide a plain, speedy and adequate remedy, and (11) when there are circumstances indicating the urgency of judicial intervention, and unreasonable delay would greatly prejudice the complainant; (12) where no administrative review is provided by law; (13) where the rule of qualified political agency applies and (14) where the issue of non-exhaustion of administrative remedies has been rendered moot.[29]The case before us falls squarely under exception number 12 since the law per se provides no administrative review for administrative cases whereby an employee like petitioner is covered by Civil Service law, rules and regulations and penalized with a suspension for not more than 30 days.
Section 37. Disciplinary Jurisdiction.Similar provisions are reiterated in the aforequoted Section 47[30] of E.O. No. 292 essentially providing that cases of this sort are not appealable to the CSC.
(a) The Commission shall decide upon appeal all administrative disciplinary cases involving the imposition of a penalty of suspension for more than thirty days, or fine in an amount exceeding thirty days’ salary, demotion in rank or salary or transfer, removal or dismissal from Office. A complaint may be filed directly with the Commission by a private citizen against a government official or employee in which case it may hear and decide the case or it may deputize any department or agency or official or group of officials to conduct the investigation. The results of the investigation shall be submitted to the Commission with recommendation as to the penalty to be imposed or other action to be taken.
(b) The heads of departments, agencies and instrumentalities, provinces, cities and municipalities shall have jurisdiction to investigate and decide matters involving disciplinary action against officers and employees under their jurisdiction. Their decisions shall be final in case the penalty imposed is suspension for not more than thirty days or fine in an amount not exceeding thirty days’ salary. In case the decision rendered by a bureau or office head is appealable to the Commission, the same may be initially appealed to the department and finally to the Commission and pending appeal, the same shall be executory except when the penalty is removal, in which case the same shall be executory only after confirmation by the department head. (Emphasis supplied.)
In truth, the doctrine barring appeal is not categorically sanctioned by the Civil Service Law. For what the law declares as “final” are decisions of heads of agencies involving suspension for not more than thirty (30) days or fine in an amount not exceeding thirty (30) days salary. But there is a clear policy reason for declaring these decisions final. These decisions involve minor offenses. They are numerous for they are the usual offenses committed by government officials and employees. To allow their multiple level appeal will doubtless overburden the quasi-judicial machinery of our administrative system and defeat the expectation of fast and efficient action from these administrative agencies. Nepotism, however, is not a petty offense. Its deleterious effect on government cannot be over-emphasized. And it is a stubborn evil. The objective should be to eliminate nepotic acts, hence, erroneous decisions allowing nepotism cannot be given immunity from review, especially judicial review. It is thus non sequitur to contend that since some decisions exonerating public officials from minor offenses can not be appealed, ergo, even a decision acquitting a government official from a major offense like nepotism cannot also be appealed.Nevertheless, decisions of administrative agencies which are declared final and unappealable by law are still subject to judicial review. In Republic of the Phils. v. Francisco,[32] we held:
Since the decision of the Ombudsman suspending respondents for one (1) month is final and unappealable, it follows that the CA had no appellate jurisdiction to review, rectify or reverse the same. The Ombudsman was not estopped from asserting in this Court that the CA had no appellate jurisdiction to review and reverse the decision of the Ombudsman via petition for review under Rule 43 of the Rules of Court. This is not to say that decisions of the Ombudsman cannot be questioned. Decisions of administrative or quasi-administrative agencies which are declared by law final and unappealable are subject to judicial review if they fail the test of arbitrariness, or upon proof of gross abuse of discretion, fraud or error of law. When such administrative or quasi-judicial bodies grossly misappreciate evidence of such nature as to compel a contrary conclusion, the Court will not hesitate to reverse the factual findings. Thus, the decision of the Ombudsman may be reviewed, modified or reversed via petition for certiorari under Rule 65 of the Rules of Court, on a finding that it had no jurisdiction over the complaint, or of grave abuse of discretion amounting to excess or lack of jurisdiction.It bears stressing that the judicial recourse petitioner availed of in this case before the CA is a special civil action for certioraria scribing grave abuse of discretion, amounting to lack or excess of jurisdiction on the part of PAGCOR, not an appeal. Suffice it to state that an appeal and a special civil action such as certiorari under Rule 65 are entirely distinct and separate from each other. One cannot file petition for certiorari under Rule 65 of the Rules where appeal is available, even if the ground availed of is grave abuse of discretion. A special civil action for certiorari under Rule 65 lies only when there is no appeal, or plain, speedy and adequate remedy in the ordinary course of law. Certiorari cannot be allowed when a party to a case fails to appeal a judgment despite the availability of that remedy, as the same should not be a substitute for the lost remedy of appeal. The remedies of appeal and certiorari are mutually exclusive and not alternative or successive.[33]
Sec. 2. (1) The Civil Service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.[18] Rollo, pp. 82-87.
SEC. 47. Disciplinary Jurisdiction. — (1) The Commission shall decide upon appeal all administrative disciplinary cases involving the imposition of a penalty of suspension for more than thirty days, or fine in an amount exceeding thirty days’ salary, demotion in rank or salary or transfer, removal or dismissal from office. . . .[25] Petitioner’s Memorandum dated December 29, 2011, rollo, pp. 204-223.
SEC. 47. Disciplinary Jurisdiction. - (1) The Commission shall decide upon appeal all administrative disciplinary cases involving the imposition of a penalty of suspension for more than thirty days, or fine in an amount exceeding thirty days’ salary, demotion in rank or salary or transfer, removal or dismissal from office. A complaint may be filed directly with the Commission by a private citizen against a government official or employee in which case it may hear and decide the case or it may deputize any department or agency or official or group of officials to conduct the investigation. The results of the investigation shall be submitted to the Commission with recommendation as to the penalty to be imposed or other action to be taken.[31] Supra note 26, at 116-117.
(2) The Secretaries and heads of agencies and instrumentalities, provinces, cities and municipalities shall have jurisdiction to investigate and decide matters involving disciplinary action against officers and employees under their jurisdiction. Their decisions shall be final in case the penalty imposed is suspension for not more than thirty days or fine in an amount not exceeding thirty days’ salary. In case the decision rendered by a bureau or office head is appealable to the Commission, the same may be initially appealed to the department and finally to the Commission and pending appeal, the same shall be executory except when the penalty is removal, in which case the same shall be executory only after confirmation by the Secretary concerned. Emphasis supplied.