Beruflich Dokumente
Kultur Dokumente
*
G.R. No. 96938. October 15, 1991.
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* EN BANC.
800
vant laws not only with authority to administer the civil service
but also with quasi-judicial powers.—The Civil Service
Commission, like the Commission on Elections and the
Commission on Audit, is a constitutional commission invested by
the Constitution and relevant laws not only with authority to
administer the civil service, but also with quasi-judicial powers. It
has the authority to hear and decide administrative disciplinary
cases instituted directly with it or brought to it on appeal. The
Commission shall decide by a majority vote of all its Members any
case or matter brought before it within sixty days from the date of
its submission for decision or resolution, subject to appeal to the
Supreme Court on certiorari by any aggrieved party within thirty
days from receipt of a copy thereof. It has the power, too, sitting
en banc, to promulgate its own rules concerning pleadings and
practice before it or before any of its offices, which rules should
not however diminish, increase, or modify substantive rights.
Same; Same; Same; The grant to a tribunal or agency of
adjudicatory power or the authority to hear and adjudge cases,
should normally and logically be deemed to include the grant of
authority to enforce or execute the judgments it thus renders unless
the law otherwise provides.—In light of all the foregoing
constitutional and statutory provisions, it would appear absurd to
deny to the Civil Service Commission the power or authority to
enforce or order execution of its decisions, resolutions or orders
which, it should be stressed, it has been exercising through the
years. It would seem quite obvious that the authority to decide
cases is inutile unless accompanied by the authority to see that
what has been decided is carried out. Hence, the grant to a
tribunal or agency of adjudicatory power, or the authority to hear
and adjudge cases, should normally and logically be deemed to
include the grant of authority to enforce or execute the judgments
it thus renders, unless the law otherwise provides.
Same; Same; Same; Same; The commission's exercise of that
power of execution has been sanctioned by the Court in several
cases.—In any event, the Commission's exercise of that power of
execution has been sanctioned by this Court in several cases.
801
NARVASA, J.:
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802
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2 Emphasis supplied.
3 Emphasis supplied.
803
Once again the GSIS has come to this Court, this time
praying that certiorari issue to nullify the Orders of June
20,1990 and November 22,1990. Here it contends that the
Civil Service Commission has no power to execute its
judgments and final orders or resolutions, and even
conceding the contrary, the writ of execution issued on
June 20,1990 is void because it varies this Court's
Resolution of July 4,1988.
The Civil Service Commission, like the Commission on
Elections and the Commission on Audit, is a constitutional
commission invested by the Constitution and relevant 4laws
not only with authority to administer
5
the civil service, but
also with quasi-judicial powers. It has the authority to
hear and decide administrative disciplinary 6cases
instituted directly with it or brought to it on appeal. The
Commission shall decide by a majority vote of all its
Members any case or matter brought before it within sixty
days from the date of its submission for decision or
resolution, subject to appeal to the Supreme Court on
certiorari by any aggrieved
7
party within thirty days from
receipt of a copy thereof. It has the power, too, sitting en
banc, to promulgate its own rules concerning pleadings and
practice before it or before any of its offices, which rules
should not however 8
diminish, increase, or modify
substantive rights.
On October 9, 1989, the Civil Service Commission
promulgated Resolution No. 89-779 adopting, approving
and putting into effect simplified rules of procedure on
administrative disciplinary and protest cases, pursuant to
the authority granted by the constitutional and statutory9
provisions above cited, as well as Republic Act No. 6713.
Those rules provide, among other
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804
10
10
things, that decisions in "administrative disciplinary
cases" shall be immediately executory unless a motion for
reconsideration is seasonably filed. If the decision of the
Commission is brought to the Supreme Court on certiorari,
the same shall still be executory unless a restraining order11
or preliminary injunction is issued by the High Court."
This is similar to a provision in the former Civil Service
Rules authorizing the Commissioner, "if public interest so
warrants, ** (to) order his decision executed pending 12
appeal to the Civil Service Board of Appeals." The
provisions are analogous and entirely consistent with the
duty or responsibility reposed in the Chairman by PD 807,
subject to policies and resolutions adopted by the
Commission, "to enforce decision on administrative 13
discipline involving officials of the Commission," as well
as with Section 37 of the 14 same decree declaring that an
appeal to the Commission "shall not stop the decision
from being executory, and in case the penalty is suspension
or removal, the respondent shall be considered as having
been under preventive suspension during the pendency of
the appeal in the event he wins an appeal."
In light of all the foregoing constitutional and statutory
provisions, it would appear absurd to deny to the Civil
Service Commission the power or authority to enforce or
order execupublic officials and employees shall simplify
and systematize policy, rules and procedures and avoid red
tape to better serve the public.
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805
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15 37 SCRA 523, citing SEC. 35, Civil Service of Act of 1959; Yarcia v.
City of Baguio, 33 SCRA 419; Trocio v. Subido, 20 SCRA 354; Cabigao v.
del Rosario, 6 SCRA 578 (1962); Austria v. Auditor General, 19 SCRA 79,
83-84; Gonzales v. Hernandez, 2 SCRA 228, 233-234).
16 Rollo, p. 7; p. 40; p. 8 of petitioner's "Reply to Comment" dated May
29, 1991.
806
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807
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808
nouncement as to costs.
SO ORDERED.
Petition dismissed.
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