CSC grants appeal of Municipal accountant … entitled to reinstatement with payment of back wages By Ely Suyom CULASI, Antique – The Civil Service Commission (CSC-Manila) on May 24, 2013 promulgated a decision granted the appeal of Hernalie D. Alagos, municipal accountant of the Municipality of Culasi and the case against her is dismissed. Consequently, Alagos is entitled to reinstatement with payment of back wages covering the period she was preventively suspended. The dismissal of the case is without prejudice to the refilling of the complaint against Alagos subject to compliance with existing rules and procedures. Alagos filed her appeal to the CSC in the undated decision of Mayor Joel Lomugdang finding her guilty of the administrative offenses of Grave Misconduct, Abuse of Authority, and conduct prejudicial to the best Interest of the Service, Insubordination and Refusal to perform Official Duty and meted upon her the penalty of dismissal. Records of the case show that on August 15, 2011, several job order employees of the Municipality of Culasi, Antique wrote Mayor Lomugdang on the alleged irregularity in the payment of salaries of certain job order employees. That on September 20, 2011, Lomugdang issued formal charges against Alagos, citing among others the subject complaint of the job order employees. Lomugdang placed Alagos under preventive suspension for sixty (60) days effective October 3, 2011. Alagos moved for additional time within which to submit her answer as required by formal charges however, instead of filing her answer, Alagos filed a motion to dismiss. Despite the submission of the motion to dismiss, the hearing committee of the case against Alagos proceeded with the investigation and thereafter on February 1, 2012, Alagos received the undated decision of Mayor Lomugdang finding her guilty of the charges against her and dismissing her from the service. THE COMMISSION RULES IN THE AFFIRMATIVE “It is undisputed that Alagos was not subjected to a preliminary investigation prior to the issuance of the formal charges. While the formal charges mentioned preliminary assessment of documents and records, the records of the case do not show that Alagos was given the opportunity to explain the allegations against her. Despite the assertions of Alagos in her appeal, Mayor Lomugdang failed to refute the former’s asservations that no preliminary investigation was conducted prior to the issuance of the formal charges,” said the CSC. Based on the foregoing, even if the complainant in an administrative case is the disciplining authority himself, that does not preclude the conduct of a preliminary investigation to determine a prima facie case against the respondent. Due process dictates that administrative procedure should be followed in order to give the person complained of the opportunity to be heard and to defend oneself. The Commission finds this opportunity to remind the disciplining authorities of the importance of complying with the rules of procedure in administrative cases. To reiterate, administrative proceedings are not exempt from basic and fundamental procedural principles, such as the right to due process in investigation and hearings. The right to substantive and procedural due process is applicable in administrative procedure, the CSC added. “ In view thereof, the right to due process of Alagos having been violated for failure of Mayor Lomugdang to conduct the required preliminary investigation, the subsequent issuance of the latter including the formal charges, order of preventive suspension and order of dismissal are hereby declared void ab initio. Therefore, Alagos shall be entitled to back wages covering the period she was preventively suspended, the same has already been served, and she is likewise entitled to reinstatement to her former position, the CSC added. The 8-page CSC decision was signed by Commissioners Robert S. Martinez and Nieves L. Osorio attested by Dolores B. Bonifacio, Director IV Commission Secretariat and Liaison Office on May 24, 2013 and released on May 27, 2013.
Posted on: Sun, 16 Jun 2013 22:26:10 +0000
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