62.

GERONGA VS VARELA, 546 SCRA 429

(Aspects of the Proceedings)
FACTS:
Petitioner is an Engineer IV at General Services Department of Cadiz, was
involved in 2 admin cases:
Administrative Case for Unjust Vexation, Contempt, Insubordination, Conduct
Unbecoming a Public Officer, and Alarm and Scandal; and Administrative Case for
Grave Misconduct and Engaging in Partisan Political Activity.
The City Legal Officer recommended DISMISSAL FOR GRAVE MISCONDUCT
and for partisan politics. City Mayor Varela approved both recommendations, issued
Memo addressed to Geronga meting him with the penalty of dismissal. Geronga filed w/
CSC a NOTICE OF APPEAL (w/o counsel), and further filed a Joint Memo in w/c he
discussed only 1 of the 2 admin cases against him (still w/o counsel).
CSC granted the appeal. Petitioner (and the 2 others) reinstated. Varela filed
Motion for Reconsideration, pointed out that Geronga could no longer be reinstated as
he failed to appeal the other civil case (w/c dismissed Geronga), thus it became final.
CSC on Motion for reconsideration partly granted, reversing earlier CSC decision
on Geronga (thus Geronga would NOT BE REINSTATED).
ISSUE :
Whether or not Geronga was denied due process
HELD :
YES. Resolution as for 1st admin case void.
2 fundamental requisites of due process:
a. Duly informed of the charges against him
b. Cannot be convicted of an offense or crime w/ w/c he was not charged
BUT GERONGA WAS DISMISSED FOR AN ACT W/C WAS NOT ALLEGED IN THE
ADMINISTRATIVE CHARGE FILED AGAINST HIM
Charges concerned his refusal to comply with several orders issued by Varela
and Mateo for the filing of daily time records and his having challenged Mateo to a
fistfight (NO GRAVE MISCONDUCT CHARGE). BUT RECOMMENDATION pertains
solely to the alleged defamatory statements which Geronga made in his Letter-Answer
to the sworn complaint.
As for the other admin case, leave prerogative to the primary disciplining
authority (incumbent mayor of Cadiz)
DISPOSITION. Grant petition. Reverse and Set Aside CA Joint deci insofar as Geronga
is concerned. Annul CSC Resolution. Remand admin case to mayor.