COA VS, PALER

FACTS:
Respondent Celso M. Paler was a Supervising Legislative Staff Officer II
(SG-24)with the Technical Support Service of the Commission on
Appointments. he submitted a request for vacation leave for 74 working days
from August 1, 2003 to November 14, 2003.
In a memorandum dated April 22, 2003, Ramon C. Nghuatco, Director III of
Technical Support Service, submitted to the Commission Secretary his
comments/recommendation on Paler's application:

1. The request to go on leave of Mr. Paler is contingent upon the completion

of his various Committee assignments.
2. We have already acted favorably on his Leave Applications for 09 June
2003 - 30 July 2003, which may already cover his reasons enumerated under
items 1-5.
3. Mr. Paler's Sick Leave Application shall require a medical certificate from
the attending physician advising him of the need to undergo medical
operation and the treatment and recuperation period therefor.
Mr. Paler's Application for Leave may be acted upon depending on the
completion of his work load and submission of the medical
certificate.(Emphasis supplied)

Since he already had an approved leave from June 9 to July 30, 2003, Paler
left for the United States on June 8, 2003, without verifying whether his
application for leave (for August 1 November 14, 2003) was approved or
denied.

September 16, 2003, the Commission Chairman informed Paler that he

was being dropped from the roll of employees effective said date, due to his
continuous 30-day absence without leave and in accordance with Section 63,

Civil Service Commission (CSC) Memorandum Circular No. 14, s. 1999. Paler's
son received the letter on September 23, 2003.

Paler moved for reconsideration but this was denied on February 20,
2004, on the ground that it was filed beyond the 15-day reglementary
period.The denial was received by Paler's son on March 18, 2004.
CIVIL SERVICE COMMISSION
On appeal, the CSC reversed and set aside the Commission
Chairman's decision. It is directed that Celso M. Paler be immediately
reinstated as Committee Secretary of the Commission on Appointments and
shall be considered to be on leave with pay until the exhaustion of his
vacation leave credits.
The Commission filed a motion for reconsideration but this was denied.
COURT OF APPEALS
This constrained petitioner to file with the CA a petition for review
under Rule 43 of the Rules of Court.

DECISION: Since Paler had in the meantime already reached the

compulsory age of retirement on July 28, 2005 and was no longer entitled to
reinstatement, the CA affirmed with modification CSC's decision. that the
order of reinstatement is DELETED. In lieu thereof, Paler should be awarded
backwages, retirement benefits and other privileges that accrued to him
from the time of his dismissal up to the date of his retirement.

Petitioner filed a motion for reconsideration but this was denied by the
CA in the assailed resolution dated April 27, 2005.
Hence, this petition.
In his comment, Paler, aside from arguing that the CA did not commit any
error in sustaining the CSC resolutions, also assails Atty. Arturo L. Tiu's
authority to file the petition and sign the verification and certification of nonforum shopping on behalf of the Commission Chairman.

The CSC, represented by the Office of the Solicitor General (OSG),

maintains the correctness of the CSC and CA judgments.

ISSUE: WON the Commission Secretary can file the petition and sign the
verification and certification of non-forum shopping in behalf of the
Commission Chairman.
HELD:

AUTHORITY TO FILE PETITION

First, we tackle Atty. Tiu's authority to file the petition and sign the
verification and certification of non-forum shopping.

The petitioner in this case is the Commission on Appointments, a

government entity created by the Constitution, and headed by its
Chairman.There was no need for the Chairman himself to sign the
verification. Its representative, lawyer or any person who personally knew
the truth of the facts alleged in the petition could sign the verification. With
regard, however, to the certification of non-forum shopping, the
established rule is that it must be executed by the plaintiff or any of
the principal parties and not by counsel. In this case, Atty. Tiu failed to
show that he was specifically authorized by the Chairman to sign the
certification of non-forum shopping, much less file the petition in his behalf.
There is nothing on record to prove such authority. Atty. Tiu did not even
bother to controvert Palers allegation of his lack of authority. This renders
the petition dismissible.

Furthermore, the petition is bereft of merit as it merely restates the

arguments presented before the CSC and CA. It does not advance any
cogent reason that will convince this Court to deviate from the rulings of
both tribunals.

note:

Petitioner's contentions that are presented to the CSCand the CA, viz.:
(1) the CSC should not have entertained Paler's appeal since it was filed
beyond the 15-day reglementary period; there were no meritorious reasons
to relax the procedural rules, specially since there was bad faith and
misrepresentation on Paler's part in filing staggered applications for leave;
(2) the Commission Chairman's decision to drop Paler from the roll of
employees was in accord with Section 63 of CSC Memorandum Circular No.
14, series of 1999; and
(3) Paler's application for leave was not deemed approved as petitioner
acted on his application by holding it in abeyance in view of the
contingencies of his work and the submission of a medical certificate.