Allian v. Civil Service Commission
REITERATIONFacts
The Antecedents: Petitioner Joel Allian was separated from his position as Personnel Specialist II in the Civil Service Commission (CSC) pursuant to a reorganization. He was informed of his separation on February 12, 1988, and later learned it was for alleged unauthorized leaves of absence, which he claimed were approved. He filed a petition for reconsideration with the Reorganization Appeals Board (RAB). Procedural History: On August 4, 1988, the RAB found Allian's separation "not in order" and ordered his reappointment to his former position without prejudice to administrative action. This resolution became final. Allian requested reappointment, but the CSC required further screening. He protested, asserting he was not an applicant and reiterated his request for reappointment with back salaries and benefits. On October 24, 1989, the CSC issued Resolution No. 89-813 appointing him to his former position. However, it did not grant back salaries. Allian reminded the CSC of Section 20 of the Rules on Government Reorganization, which mandates full pay for the period of separation for those illegally dismissed under RA 6656. On January 5, 1990, the CSC issued Resolution No. 90-009 denying his claim for back salaries. The Petition: Allian filed a petition for certiorari and mandamus with the Supreme Court, seeking review of the CSC's denial of his claim for back salaries.
Issue(s)
Whether Joel Allian is entitled to full pay for the period of his illegal separation. Whether the Civil Service Commission violated Joel Allian's right to due process by finding him guilty of unauthorized leaves of absence without formal charge or hearing.
Ruling
The petition is granted. The public respondents are ordered to pay the salaries and other benefits legally due the petitioner, Joel Allian, from February 2, 1988 to October 30, 1989, a period of twenty-one (21) months.
Ratio Decidendi
On the issue of entitlement to full pay for the period of illegal separation: Section 9 of Republic Act No. 6656 explicitly provides that officers and employees found by the Civil Service Commission to have been separated in violation of the Act shall be ordered reinstated or reappointed, without loss of seniority, and shall be entitled to full pay for the period of separation. The Court found that Allian's dismissal was effected in violation of the law, thus entitling him to back salaries as provided by RA 6656. This entitlement is not a matter of charity or compassion but a right arising from the unlawful deprivation of his work. The Court cited the case of Dario v. Mison, et al., which upheld the payment of back salaries for customs employees improperly reorganized out of service. On the issue of due process regarding unauthorized leaves of absence: The Civil Service Commission's finding that Allian was guilty of unauthorized leaves of absence was deemed invalid because he was not formally charged with the offense nor given an opportunity to defend himself. The Reorganization Appeals Board (RAB) found no derogatory record attributable to his termination. Furthermore, even if an employee is absent without approved leave for thirty days, Memorandum Circular No. 2, s. 1985 of the CSC requires written notification to the employee to report within five days, otherwise they shall be dropped from the rolls. The records showed no such notification to Allian, nor any showing that he failed to file applications for leave. To find him guilty without affording him due process would be tantamount to convicting him without a hearing.
Main Doctrine
An employee illegally dismissed from service during a reorganization, in violation of RA 6656, is entitled to reinstatement without loss of seniority and full pay for the period of separation.