G.R. No. 168999 - RAUL A. DAZA, in his capacity as Governor of Northern Samar, vs. CORONA, RONAN P. LUGO. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, foregoing premises considered, the Termination Order (Memorandum dated September 5, 2001) issued by Governor Raul Daza to Ronan Lugo is hereby declared NOT IN ORDER, for being in violation of CSC Memorandum Circular No. 2, series of 1987 and CSC Memorandum Circular No. 42, series of 1989. Accordingly, Ronan Lugo is hereby ordered to be reinstated immediately to his previous post as Sanitary Inspector I of Gamay Rural Health Unit, Gamay, Northern Samar, with payment of back salaries and other monetary benefits. [5] Petitioner's motion for reconsideration was denied for lack of merit. Thereafter, petitioner appealed to the CSC. In Resolution No. 030006 dated January 7, 2003, the CSC ruled in favor of petitioner, thus: WHEREFORE, the appeal of Governor Raul A. Daza is hereby granted. Accordingly, CSCRO VIII Order Nos. 010136 dated January 8, 2002 and 010160 dated March 4, 2002, respectively, are hereby reversed. Thus, the termination of services of Ronan P. Lugo for unsatisfactory conduct is found to be in order. [6] Respondent filed a petition for review before the Court of Appeals (CA). In the Decision promulgated on December 20, 2004, the CA reinstated the Order of the CSC Regional Officer. The dispositive portion of the Decision reads: WHEREFORE , the assailed Resolution No. 030006, dated January 7, 2003, issued by the public respondent Civil Service Commission (CSC) is hereby REVERSED AND SET ASIDE and the Order No. 010130, dated January 8, 2002, issued by the CSC Regional Officer is hereby REINSTATED . [7] The CA found that respondent was removed without just cause as his termination for unsatisfactory conduct was without basis. The CA stated that respondent was terminated due to his failure to submit a Performance Evaluation Report to his immediate head or to the personnel department in compliance with petitioner's Memorandum No. 352-01. It pointed out that the Memorandum was not addressed personally to respondent, but to all concerned "Office/Department Heads/OICs," and, therefore, it was respondent's immediate supervisor who failed to evaluate and submit respondent's Personal Evaluation Report. The CA held: . . . [I]t is therefore evident that the finding of unsatisfactory conduct against petitioner (Lugo) is without basis. Aside from the fact there was no PER submitted by petitioner's immediate head to private respondent that would support such finding, there were also no other documents that would show that petitioner's performance as Sanitary Inspector I was inefficient or unsatisfactory. Thus it necessarily follows that the notice of termination, dated September 5, 2002, served upon petitioner deprived him of due process. Petitioner was never apprised of any poor or unsatisfactory performance but was instantaneously dismissed, and worse, without any basis. Petitioner's motion for reconsideration was denied by the CA in its Resolution promulgated on July 18, 2005. Hence, this petition. The main issue in this case is whether or