Guisadio v. Secretary of Public Works and Communications
REITERATIONFacts
The Antecedents: Basilio L. Guisadio, a civil service eligible employed as property clerk in the City Engineer of Cebu, was found guilty of immorality by the Commissioner of Civil Service for maintaining illicit relations with Rufina Bajo, resulting in a child's birth. The Commissioner initially ordered his resignation with prejudice to reinstatement. Procedural History: Guisadio received notice of the decision on October 15, 1951. He filed a motion for reconsideration, which the Commissioner granted on October 23, 1952, modifying the dispositive portion to state that his resignation was considered without prejudice to reinstatement, but precluding him from availing of earned leave. Guisadio received notice of this modification but did not appeal to the Civil Service Board of Appeals. He subsequently requested reinstatement, which was denied. A successor was appointed to his position. On April 18, 1955, Guisadio filed a petition for mandamus in the Court of First Instance (CFI) of Cebu, seeking to declare the successor's appointment invalid, to be reinstated, and to recover salaries and damages. The CFI ruled in favor of Guisadio, ordering his reinstatement and payment of back salaries. The respondents appealed to the Supreme Court. The Appeal: The respondents appealed the CFI's decision, arguing that Guisadio, having been found guilty of immorality and ordered to resign, was considered separated from the service even without actual tender of resignation. They contended that the CFI erred in ordering his reinstatement and payment of back salaries, and that the Secretary of Public Works and Communications and the City Engineer could not be compelled by mandamus to appoint him to another position, as such action is discretionary.
Issue(s)
Whether the decision of the Commissioner of Civil Service, which was not appealed by the employee concerned, had become final and executory. Whether the employee, having been found guilty of immorality and ordered to resign, was considered dismissed from the service. Whether the employee was entitled to reinstatement and back salaries through a writ of mandamus. Whether the appointment of a successor to the employee's position was invalid.
Ruling
The Supreme Court reversed the decision of the Court of First Instance, dismissed the petition for mandamus, and declared the appointment of the successor valid. The Court held that the decision of the Commissioner of Civil Service had become final and executory due to the petitioner's failure to appeal within the reglementary period. Consequently, the petitioner was considered dismissed from the service, and his position was vacant.
Ratio Decidendi
On Issue 1: The Court held that the decision of the Commissioner of Civil Service, finding Basilio L. Guisadio guilty of immorality and ordering him to resign, became final and executory. This was because Guisadio failed to appeal the decision, as modified by the resolution on his motion for reconsideration, to the Civil Service Board of Appeals within the thirty-day period prescribed by law. The Court emphasized that Section 695 of the Revised Administrative Code grants exclusive jurisdiction to the Commissioner of Civil Service over administrative investigations and disciplinary actions, with an appeal to the Civil Service Board of Appeals as the sole remedy. On Issue 2: The Court ruled that Guisadio was considered dismissed from the service. Despite the modification of the Commissioner's order to be "without prejudice to reinstatement," the finding of guilt for immorality and the order to resign, when not appealed, effectively separated him from his position. The Court stated that the very nature of the offense and the Commissioner's finding left no room for doubt that he was dismissed, and his position as property clerk became vacant upon the finality of the decision. On Issue 3: The Court determined that Guisadio was not entitled to reinstatement and back salaries through a writ of mandamus. Since he was considered dismissed and his position was vacant, mandamus could not be used to compel his reinstatement. Furthermore, the Court noted that the respondents Secretary of Public Works and Communications and City Engineer could not be compelled by mandamus to appoint the petitioner to another position, as such appointments are matters of discretion. On Issue 4: The Court implicitly upheld the validity of the appointment of Ramon M. Labayan as property clerk. Because Guisadio was deemed dismissed and his position vacant, the appointment of a successor was a lawful exercise of administrative prerogative, not subject to invalidation through a mandamus proceeding aimed at reinstating Guisadio.
Main Doctrine
The Supreme Court reiterated that administrative decisions of the Commissioner of Civil Service, if not appealed within the prescribed period, become final and executory. Consequently, an employee found guilty of an offense requiring separation from service is deemed dismissed, and their position is considered vacant, precluding them from demanding reinstatement through a writ of mandamus. The Court emphasized that the failure to appeal the Commissioner's decision to the Civil Service Board of Appeals within thirty days from receipt of notice rendered the decision final and binding.