Zagada v. Civil Service Commission
REITERATIONFacts
The Antecedents: Melba A. Bernaldez, a civil service eligible and teacher-applicant, filed a complaint against German P. Zagada, District Supervisor of Bato District, Camarines Sur, for alleged anomalies in the performance of his official duties, including accepting P500.00 for employment as a substitute teacher, giving preference to non-eligibles, reserving vacancies for favorites, and allowing substitute teachers to collect salaries for services not rendered. Procedural History: The Civil Service Commission Regional Director found Zagada guilty of dishonesty and acts prejudicial to the best interest of the service and recommended his dismissal. Zagada appealed to the Merit System Protection Board (MSPB), which was referred to the CSC's Office for Legal Affairs. The Civil Service Commission (CSC) issued Resolution No. 91-1040, finding Zagada guilty of dishonesty, grave misconduct, and conduct prejudicial to the interest of the service, and imposed the penalty of dismissal. Zagada's motion for reconsideration was denied. The Petition: Zagada filed a petition for certiorari seeking review and reversal of the CSC Resolution.
Issue(s)
Whether the petitioner is guilty of the charges against him. Whether the petitioner was denied procedural due process.
Ruling
The petition for certiorari is DISMISSED for lack of merit. The Civil Service Commission's Resolution No. 91-1040, finding petitioner guilty of dishonesty, grave misconduct, and conduct prejudicial to the interest of the service, and imposing the penalty of dismissal, is affirmed.
Ratio Decidendi
On the guilt of the petitioner: The Court held that the issue of guilt is a factual issue, and the Supreme Court, not being a trier of facts, will not pass upon it. The factual findings of administrative bodies like the Civil Service Commission are accorded respect and finality if supported by substantial evidence. The evidence adduced showed that thirteen (13) substitute teachers gave money to the petitioner for appointments, the alleged division policy did not exist, and Zagada defrauded the government by allowing substitute teachers to collect salaries for services not rendered. These findings constitute substantial evidence to support the CSC's conclusion. On the denial of procedural due process: The Court found no merit in the petitioner's plea of denial of procedural due process. The records showed that the petitioner was accorded ample opportunity through counsel to confront witnesses against him and to adduce evidence in his defense. He filed an answer and a supplementary answer to the complaint, and also filed motions for reconsideration and oppositions. The law prohibits the absolute absence of notice and opportunity to be heard, which was not the case here. The credibility of witnesses was for the administrative bodies to determine, and their findings were not shown to be capricious, whimsical, or attended by grave abuse of discretion.
Main Doctrine
The Supreme Court will not pass upon factual issues in a petition for certiorari, as it is not a trier of facts. Factual findings of administrative bodies, if supported by substantial evidence, are accorded respect and finality. A party is afforded procedural due process if given ample opportunity to confront witnesses and adduce evidence in their defense.