GERMAN P. ZAGADA, PETITIONER, VS. THE CIVIL SERVICE COMMISSION AND VEDASTO R. ORETA, RESPONDENTS.

This is a petition for certiorari filed pursuant to the
provisions of Article IX-A, Section 7 of the 1987 Constitution seeking to
review and thereafter reverse the Resolution* of the
respondent Civil Service Commission (Commission, for brevity) which affirmed,
with modification, the Decision** of the
Merit Systems Protection Board and Resolution No. 91-263 dated February 25,
1991 of the respondent Commission which denied the petitioner’s motion for
reconsideration.

The case arose in September, 1984 when a letter-complaint was
filed by private respondent Vedasto R. Oreta with the Regional Director, Civil
Service Commission, Region V, Legaspi City, against petitioner German P. Zagada
(Zagada, for brevity) and Nestor Valdez (Valdez, for brevity) for acts
prejudicial to public interest consisting in falsification of entry in the
district plantilla of personnel for calendar year 1981. In the “Affidavit” of key witness
Cesario Guinoo (Guinoo, for brevity) who was the clerk responsible for the
preparation of the plantilla of personnel in the district, it was alleged that
he was the one who prepared the plantilla in question. This plantilla was prepared under the
supervision of then Officer-in-Charge Eleanor Osea (Osea, for brevity), and was
duly certified correct by her. Before
this could be submitted to the Division Office of the then Ministry of
Education Culture and Sports, petitioner Zagada took over as the new District
Supervisor. While Guinoo was yet in the
process of finalizing the draft of the plantilla of personnel for the year 1981,
Zagada, together with Valdez, who was then District Clerk and Property
Custodian for the District, came and asked him (Guinoo) to make adjustments in
said plantilla so that Valdez would be listed down as EGT^[1]-5,
instead of EGT-3. They did this without
presenting any proof that said Valdez was qualified for the position of EGT-5.

Valdez admitted that he was not qualified to the position of
EGT-5 and that although he appeared to have such position in the plantilla of
personnel, he was actually receiving only the salary of his real position, EGT-3,
plus a two-step merit increase, the total of which incidentally added up to,
and corresponded with, the salary of EGT-5. He expressed no objection to correcting the entry in the plantilla to
reflect his correct designation.

Zagada, on the other hand, denied any participation in the
anomaly, claiming that at the time he assumed the position of District
Supervisor, the plantilla in question had already been certified correct and
submitted by his predecessor, Osea. He
categorically denied having had anything to do with the alleged change in the
entry.

Zagada was adjudged guilty of misconduct and was made to pay a
fine in an amount equivalent to one month and one day of his salary. As for Valdez, the case was considered
terminated as of the date of his retirement which intervened during the
pendency of the case.

Upon elevation to the Merit Systems Protection Board, this
decision was affirmed but the Board imposed upon him the “penalty of six
(6) months fine without pay”.

The Commission, in its Resolution No. 90-1070, made the following
findings:

“Undoubtedly, Zagada committed acts of misconduct in
requesting for the inclusion of Valdez
in the list of teachers who are EGT-5 knowing fully well that at that
time, Valdez did not meet the requirements for classification to EGT-5. He even assured the submission of the
requirements for classification. By
this conduct, he has set a bad example which is truly demoralizing to others. Zagada’s attitude and character should not
be tolerated much less encouraged.”^[2]

and modified the Board’s decision thus:

“WHEREFORE, foregoing premises considered, the Commission
resolved to find German Zagada guilty of grave misconduct and imposes upon him a penalty of one (1) year
suspension without pay.”^[3]

Hence, this petition.

The petitioner
makes the following Assignment of Errors:

I

THE RESPONDENT CIVIL SERVICE COMMISSION GRAVELY ERRED IN FINDING
THAT THE PETITIONER IS GUILTY OF GRAVE MISCONDUCT.

II

THE RESPONDENT CIVIL SERVICE COMMISSION GRAVELY ERRED IN GIVING
CREDENCE TO THE TESTIMONY OF CESARIO GUINOO, THE WITNESS FOR THE
COMPLAINANT. HOWEVER, EVEN IF IT DID
NOT SO ERR, THE TESTIMONY OF THE SAID CESARIO GUINOO SHOULD HAVE EXONERATED THE
PETITIONER.

III

THE RESPONDENT CIVIL SERVICE COMMISSION ERRED IN IMPUTING TO THE
PETITIONER THE SUPERIMPOSITION OR INSERTION IN THE DISTRICT PLANTILLA AND, ON
THE BASIS THEREOF, IN FINDING HIM GUILTY OF GRAVE MISCONDUCT.

IV

THE RESPONDENT CIVIL SERVICE COMMISSION ERRED IN IMPOSING A PENALTY
MUCH TOO HARSH AND IMPROPER UPON THE PETITIONER.

We find the petition meritorious.

At the outset, it was mentioned that the instant petition was
brought to this Court pursuant to Article IX-A, Section 7 of the 1987
Constitution, and this is in the nature of a petition for certiorari
under Rule 65 of the Rules of Court.^[4]

Under Rule 65 of the Rules of Court, the writ of certiorari
is available where any tribunal,
board or officer exercising judicial functions has acted without or in excess of its or his jurisdiction,
or with grave abuse of discretion and there is no appeal, or any plain, speedy,
and adequate remedy in the ordinary course of law. A person aggrieved thereby may file a verified petition in the
proper court alleging the facts with certainty and praying that judgment be
rendered annulling or modifying the proceedings, as the law requires, of such tribunal, board or officer.^[5]

In certiorari proceedings under Rule 65 of the Rules of
Court, questions of fact are not generally permitted, the inquiry being limited
essentially to whether or not the respondent tribunal had acted without or in
excess of its jurisdiction or with grave abuse of discretion.^[6]
However, in order for this Court to sustain the findings of an administrative
body exercising quasi-judicial functions, such body must abide by the
elementary rules of due process.^[7]

When there is denial
of due process, there is grave abuse of
discretion and the writ of certiorari is in order.

In the landmark case of Ang Tibay, et al. vs. Court of Industrial
Relations, et al.,^[8] this
Court has laid down the seven Cardinal rights which constitute the
administrative due process, the fourth of which reads:

“(4) Not only must there be some evidence to support a finding
or conclusion x x x, but the evidence must be “substantial.” x x x.
“Substantial evidence is more than a mere scintilla. It means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.” x x x. The statute provides that ‘the rules of
evidence prevailing in courts of law and equity shall not be controlling.’ The
obvious purpose of this and similar provisions is to free administrative boards
from the compulsion of technical rules so that the mere admission of matter
which would be deemed incompetent in judicial proceedings would not invalidate
the administrative order. x x x. But
this assurance of desirable flexibility in administrative procedure does not go
so far as to justify orders
without a basis in evidence having rational probative force. x x x.”

We find a mere affidavit of the clerk in charge of the
preparation of the plantilla of personnel for calendar year 1981 insufficient
to constitute substantial evidence to sustain the finding of grave
misconduct. We arrived at this
conclusion after pondering upon the following:

1.  The affidavit of Guinoo
which was the sole basis of the respondent Commission in its ruling that the
petitioner committed grave misconduct, is self-serving. Guinoo, the clerk, admitted responsibility
for altering the plantilla by inserting the name of Valdez with the
corresponding item of EGT-5. Should he
not point to someone else as the culprit, the fault would necessarily fall heavily on him.

2.  The plantilla in
question had allegedly been signed and certified as correct by Osea, the
Officer-in-Charge as of the time the said plantilla was prepared, and the same
submitted to the Division Office prior to the assumption of office of the
petitioner.^[9]
With the presumption of regularity in the performance of official duties, We
believe that Osea affixed her signature certifying as to its correctness with
the knowledge that she was signing the final and official form for submission
to the Division Office. If We would
further presume that the clerk, Guinoo, was regular in the performance of his
duties, under no circumstances will he allow any changes thereon after it had
been certified correct. It is hard to
believe his allegation that he altered it upon a simple request and assurance
from the petitioner.

3.  It is surprising why the
complainant and the affiant had not presented the very plantilla in question as
evidence. Had there really been an
alteration, it would have been so easy to determine this therefrom.

4.  It appears that the
petitioner’s participation in the execution and preparation of the plantilla in
question is not reflected thereon. Guinoo alleged that the plantilla was certified by Osea, as
Officer-in-Charge, and not by the petitioner. Had there really been the alleged falsification or alteration, the most
logical procedure would be for Guinoo to have insisted that it be
counter-signed by the present District Supervisor, who is the petitioner
herein. We have the impression that the
petitoner’s signature or initials never appeared in said document. Thus, We have no basis for the
falsification.

The respondent Commission erred in finding the petitioner guilty
of grave misconduct on the basis of the evidence presented, the same not being
substantial evidence. This constitutes
a denial of administrative due process, amounting to grave abuse of discretion.

WHEREFORE, premises considered, the petition is hereby
GRANTED. The petitioner is exonerated
of the charges against him and the assailed Resolutions of the respondent
Commission are annulled and set aside. No costs.

SO ORDERED.

Narvasa, C.J., Gutierrez, Jr., Acting C.J., Cruz, Feliciano,
Padilla, Bidin, Griño-Aquino, Regalado, Davide, Jr., Romero, Nocon, Bellosillo,
and Melo, JJ., concur.

* Resolution No. 90-1070, signed
by Chairman Patricia A. Sto. Tomas, Commissioner Samilo N. Barlongay and
Commissioner Mario D. Yango and dated November 22, 1990.

** MSPB Case No. 336,
“Administrative Case for Misconduct, German P. Zagada and Nestor R.
Valdez, respondents”, October 9, 1989.

^[1]
EGT means Elementary Grade Teacher.

^[2]
Rollo, p. 57.

^[3]
Ibid.

^[4]
Lopez, Jr. vs. Civil Service
Commission, 195 SCRA 777 (1991).

^[5]
Rules of Court, Rule 65, Section 1.

^[6]
Busmente, Jr. vs. NLRC, 195 SCRA
710 (1991).

^[7]
T.H. Valderama & Sons, Inc. vs. Drilon, 181 SCRA 308
(1990).

^[8]
69 Phil. 635, 642 (1940).

^[9]
Rollo, p. 34.