576 Phil. 494
AZCUNA, J.:
PGO MEMORANDUM NO. 352-01On September 5, 2001, petitioner issued a Memorandum informing respondent that his probationary service was terminated due to his unsatisfactory conduct. The Memorandum reads:
TO : All Concerned Office/Department Heads/OICs
SUBJECT : Evaluation of concerned staff under probationary status
Please be reminded that there are a number of employees under your immediate supervision who are under probationary status.
The probationary status of these employees will end on different dates in September/October 2001, per attached list.
CSC rule provides that "all such persons must serve a probationary period of six (6) months following their original appointment and shall undergo a thorough character investigation in order to acquire permanent civil service status. A probationer may be dropped from the service for unsatisfactory conduct or want of capacity any time before the expiration of the probationary period.
In this connection, as immediate supervisor, you are directed to evaluate those concerned employees using our performance evaluation rating system and to submit a report to the undersigned on or before the end of August 2001. Attached with the report is/are the Performance Evaluation Report/s, stating among others, whether or not these employees are qualified to acquire permanent status.[3]
Pursuant to my authority under Rule VII, Section 2, CSC Omnibus Rules Implementing Book V of Executive Order No. 292 (the Administrative Code of 1987), I hereby terminate your probationary service for unsatisfactory conduct effective at the close of office hours on September 6, 2001.[4]Respondent appealed petitioner's termination order to the CSC, Regional Office VIII (CSCRO VIII).
WHEREFORE, foregoing premises considered, the Termination Order (Memorandum dated September 5, 2001) issued by Governor Raul Daza to Ronan Lugo is hereby declared NOT IN ORDER, for being in violation of CSC Memorandum Circular No. 2, series of 1987 and CSC Memorandum Circular No. 42, series of 1989. Accordingly, Ronan Lugo is hereby ordered to be reinstated immediately to his previous post as Sanitary Inspector I of Gamay Rural Health Unit, Gamay, Northern Samar, with payment of back salaries and other monetary benefits.[5]Petitioner's motion for reconsideration was denied for lack of merit. Thereafter, petitioner appealed to the CSC.
WHEREFORE, the appeal of Governor Raul A. Daza is hereby granted. Accordingly, CSCRO VIII Order Nos. 010136 dated January 8, 2002 and 010160 dated March 4, 2002, respectively, are hereby reversed. Thus, the termination of services of Ronan P. Lugo for unsatisfactory conduct is found to be in order.[6]Respondent filed a petition for review before the Court of Appeals (CA).
WHEREFORE, the assailed Resolution No. 030006, dated January 7, 2003, issued by the public respondent Civil Service Commission (CSC) is hereby REVERSED AND SET ASIDE and the Order No. 010130, dated January 8, 2002, issued by the CSC Regional Officer is hereby REINSTATED.[7]The CA found that respondent was removed without just cause as his termination for unsatisfactory conduct was without basis. The CA stated that respondent was terminated due to his failure to submit a Performance Evaluation Report to his immediate head or to the personnel department in compliance with petitioner's Memorandum No. 352-01. It pointed out that the Memorandum was not addressed personally to respondent, but to all concerned "Office/Department Heads/OICs," and, therefore, it was respondent's immediate supervisor who failed to evaluate and submit respondent's Personal Evaluation Report. The CA held:
. . . [I]t is therefore evident that the finding of unsatisfactory conduct against petitioner (Lugo) is without basis. Aside from the fact there was no PER submitted by petitioner's immediate head to private respondent that would support such finding, there were also no other documents that would show that petitioner's performance as Sanitary Inspector I was inefficient or unsatisfactory. Thus it necessarily follows that the notice of termination, dated September 5, 2002, served upon petitioner deprived him of due process. Petitioner was never apprised of any poor or unsatisfactory performance but was instantaneously dismissed, and worse, without any basis.Petitioner's motion for reconsideration was denied by the CA in its Resolution promulgated on July 18, 2005.
All such persons (appointees who meet all the requirements of the position) must serve a probationary period of six months following their original appointment and shall undergo a thorough character investigation in order to acquire permanent civil service status. A probationer may be dropped from the service for unsatisfactory conduct or want of capacity any time before the expiration of the probationary period; Provided, That such action is appealable to the Commission.Thus, the services of respondent as a probationary employee may only be terminated for a just cause, that is, unsatisfactory conduct or want of capacity.
[It is] crystal clear that the above-quoted memorandum [No. 352-01] did not in any manner direct all employees under probationary status, including petitioner, to submit their own Performance Evaluation Report. It would also be absurd for these employees to evaluate their own selves. Thus, if these employees, including petitioner, failed to submit a Performance Evaluation Report to their immediate supervisors, the same cannot be taken against them. Evidently, it was [Lugo's] immediate supervisor who failed to evaluate and submit [Lugo's] Performance Evaluation Report as required by the subject memorandum. On this point is the CSC Regional Officer's findings and conclusion, which We take leave to quote with approval, to wit --Even if respondent is allowed to rate himself in the Performance Evaluation Form, it is the supervisor's rating that is controlling because, indeed, it would be absurd for a probationary employee to rate himself. The duty to evaluate the performance of such employee belongs to the concerned department head who has supervision over him. Thus, petitioner issued Memorandum No. 352-01 for department heads to evaluate their respective probationary employees "using our performance evaluation rating system and to submit a report to the undersigned on or before the end of August 2001." Petitioner, therefore, erred in insisting that it was respondent's duty to submit respondent's Performance Evaluation Report and that respondent frustrated the performance rating process by not submitting the said Report, because it was only proper that the Performance Evaluation Report be submitted by respondent's supervisor to petitioner as required by petitioner's Memorandum."If indeed the manifestations of xxx Gov. Daza that the immediate supervisor of xxx Lugo failed to submit the required Performance Evaluation Report, is true, the statement therefore, that Lugo had committed `unsatisfactory conduct' is without basis. For how can one claim unsatisfactory conduct when there was no submitted report detailing the same, which would serve as basis for such finding."[10]
. . . Civil Service Rules on probationary period for permanent appointment require "a notice of termination of service within ten (10) days immediately after it was proven that they have demonstrated unsatisfactory conduct or want of capacity during the probationary period. Such notice shall state, among others, the reasons for such termination and shall be supported by at least two of the following:It is evident, therefore, that there was no basis for the termination of respondent's services on the ground of unsatisfactory conduct since the Performance Evaluation Report on respondent was not submitted by respondent's supervisor to petitioner, and there were no other documents presented to show that respondent was guilty of unsatisfactory conduct.
a) Performance Evaluation Report b) Report of immediate supervisor (rater) on work related critical and unusual incidents on unsatisfactory conduct, or c) Other valid documents to support the notice.
The notice of termination sent by private respondent governor, however, is bereft of even a substantial compliance of the aforecited Civil Service Rules. Thus Annex "B" (Notice of Termination) issued was not supported by any document and obviously lack the proof of unsatisfactory conduct before the Board or Committee (Performance Evaluation and Review Committee) created for the purpose.[11]