Sunday, February 26, 2017

Maniebo vs. Court of Appeals, 627 SCRA 569, August 10, 2010

Case doctrine (Political Law: Admin Law): The presumption of good faith does not apply when the employee’s Certificate of Eligibility conflicts with the CSC’s Masterliest of Eligibles. Long and satisfactory government service does not mitigate the penalty of dismissal when there is refusal to own up to and when there is lack of remorse for dishonesty.

Case doctrine (Remedial Law): An appeal under Rule 43 is a discretionary mode of appeal, which the CA may either dismiss if it finds the petition to be patently without merit, or prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration; or may process by requiring the respondent to file a comment on the petition; These rules are not to be belittled or dismissed simply because their non-observance may result in prejudicing a party’s substantive rights. 

FACTS: Justina M. Maniebo was issued a promotional appointment as Cashier III in the Office of the Municipal Treasurer, Municipality of Puerto Galera, Oriental Mindoro because she appeared to posses the qualifications for the position. But when the CSC Regional Office No. IV verified her name against the MasterlistEligibles, she was found out to have actually failed in the examination for obtaining a rating of only 60%.She was then charged with possessing of spurious report of rating, falsification, grave misconduct and dishonesty after having indicated in her Personal Data Sheet that she had passed the CSC (professional) examination with a rating of 74.01%.

ISSUES:
  1. Was the CSC was correct in imposing the penalty of dismissal in view of the circumstances obtaining in the case?
  2. Did the court of appeals err in dismissing the petition based on alleged technicality?

RULING:
  1. YES. A permanent appointment implies the holding of a civil service eligibility on the part of the appointee, unless the position involved requires no such eligibility. Where the appointee does not possess a civil service eligibility, the appointment is considered temporary. The subsequent acquisition of the required eligibility will not make the temporary appointment regular or permanent; a new appointment is needed. Accordingly, any temporary employee who has served for the required duration of seven years must first be found by the CSC to continuously possess the minimum qualifications for holding the position, except the required eligibility, before he or she may be granted civil service eligibility. Among the minimum qualifications is the continuous observance of the Code of Conduct and Ethical Standards for Public Officials and Employees.

The petitioner failed to comply with this necessary minimum qualification. She thrived on her having misled the Government into believing that she had possessed the requisite civil service eligibility for the various positions she had successively held in her 20 years of service. In the first place, she would not have been appointed in a permanent or temporary capacity, had the CSC sooner discovered her dishonesty. R.A. No. 6850 was never meant to cure an appointment void from the very beginning for being based on a false representation of eligibility, like that of the petitioner. A contrary construction of the statute will, in effect, reward dishonesty.

  1. NO. The CA did not commit any error, least of all a reversible one. Its dismissal was founded on the correct application of the applicable rule. Indeed, Section 6, Rule 43 of the Rules of Court clearly requires the petition for review to be accompanied by a clearly legible duplicate original or a certified true copy of the award, judgment, final order or resolution appealed from, together with certified true copies of such material portions of the record referred to therein and other supporting papers. The requirement is intended to immediately enable the CA to determine whether to give due course to the appeal or not by having all the material necessary to make such determination before it. This is because an appeal under Rule 43 is a discretionary mode of appeal, which the CA may either dismiss if it finds the petition to be patently without merit, or prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration; or may process by requiring the respondent to file a comment on the petition, not a motion to dismiss, within 10 days from notice.

The petitioner was not entitled to a liberal construction of the rules of procedure. The petitioner repeatedly disregarded the rules too many times to merit any tolerance by the Court, thereby exhibiting a deplorable tendency to trivialize the rules of procedure. Yet, such rules were not to be belittled or dismissed simply because their non-observance might have resulted in prejudicing a party’s substantive rights. The bare invocation of substantial justice was not a magic wand that would compel the suspension of the rules of procedure. Of necessity, the reviewing court had also to assess whether the appeal was substantially meritorious on its face, or not, for only after such finding could the review court ease the often stringent rules of procedure. Otherwise, the rules of procedure would be reduced to mere trifles.



Digg Google Bookmarks reddit Mixx StumbleUpon Technorati Yahoo! Buzz DesignFloat Delicious BlinkList Furl

0 comments: on "Maniebo vs. Court of Appeals, 627 SCRA 569, August 10, 2010"

Post a Comment