J.A.B. Bulao & Associates

DISPOSITIVE:

WHEREFORE, premises considered, the petition is GRANTED. The Decision dated April 16, 2015 and Resolution dated February 4, 2016 of the Court of Appeals (CA) in CA-G.R. SP No. 131302 are hereby REVERSED and SET ASIDE. The formal charge and order of suspension are hereby declared invalid and without legal effect.

The payment of back salaries owed to Stefani C. Sano shall be either in the form of leave credits, ifhe is still active in government service, OR leave credits monetized at the current rate for the position he formerly occupied, at his option.

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

GARCIA ISSUED A FORMAL CHARGE AGAINST SANO FOR GRAVE MISCONDUCT, GROSS NEGLECT OF DUTY  ETC WITHOUT CONDUCTING PRELIMINARY INVESTIGATION SINCE HE SAID HE PERSONALLY WITNESSED THE ACTS OF PETITIONER. SUPREME COURT SAID THIS IS IN VIOLATION OF DUE PROCESS. THERE SHOULD BE A SHOW CAUSE ORDER FIRST AND THEN A PRELIMINARY INVESTIGATION.

In the present case, Garcia gravely deviated from the procedure outlined in the RRACCS .. Garcia issued a formal charge arid order of preventive suspension charging petitioner with grave misconduct, gross neglect of duty, dishonesty and cj:mduct prejudicial to the interest of the · service without undergoing preliminary investigation. Garcia claimed that he need not conduct preliminary investigation since he personallywitnessed the acts of petitioner, hence, there is already a prima facie case to support a formal charge.

To recapitulate, if it is the disciplining authority that initiated the administrative process, there is a need to issue a show-cause order directing the person complained of, to explain the acts complained of. Then there should be a preliminary investigation to determine whether there is a clear-cut case.

WHAT IS THE PURPOSE OF THE REQUIRED PROCEDURE OF PRELIMINARY INVESTIGATION?

TO PROTECT THE CONSTITUTIONAL RIGHT OF A PERSON CHARGED OF AN ADMINISTRATIVE OFFENSE TO BE HEARD.

After the determination of a prima facie case, a formal charge will be issued, and the person charged will be made to submit an answer. These procedural steps are anchored on protecting the constitutional right of a person charged of an administrative offense, to be heard. This is because a violation of such process raises a serious jurisdictional issue that cannot be glossed over or disregarded at will. The constitutional guarantee that no man shall be deprived of life, liberty, or property without due process is unqualified by the type of proceedings where he/she stands to lose the same.

WHAT IS THE EFFECT OF VIOLATING THE DUE PROCESS PROCEDURE?

THE FORMAL CHARGE AND ORDER OF PREVENTIVE SUSPENSION ARE INVALID AND WITHOUT LEGAL EFFECT.

In the present case, the procedural faux pas committed by Garcia consists in committing a shortcut on the administrative process by issuing a formal charge and the order of suspension without issuing a show cause order and subsequently conducting a preliminary investigation. As a result of violating the constitutional right of petitioner to due process, the formal charge and the order of preventive suspension has no legal leg to stand on. Thus, the formal charge and the order of preventive suspension are declared to be invalidly issued and without legal effect.

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