G.R. NO. 171048 - RUDY A. PALECPEC, JR., VS. HON. CORAZON C. DAVIS IN HER CAPACITY AS THE REGIONAL EXECUTIVE DIRECTOR, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES-NATIONAL CAPITAL REGION, MANILA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Appeal of Rudy A. Palecpec is hereby granted. [12] Respondent filed a motion for reconsideration of the foregoing CSC-NCR Order, but it was denied by the CSC-NCR in a Decision dated 15 September 2003. Unsatisfied, the respondent filed an appeal of the 29 January 2003 Order and 15 September 2003 Decision of the CSC-NCR with the CSC En Banc . However, said Decision and Order were both affirmed by the CSC in its Resolution No. 040968, dated 1 September 2004, thus: WHEREFORE, the appeal of Regional Executive Director Corazon C. Davis of DENR is hereby DISMISSED. Accordingly, the Orders of CSC-NCR dated January 29, 2003 and September 15, 2003 are hereby AFFIRMED. Thus, Rudy A. Palecpec is hereby reinstated to his position as Administrative Officer III, Department of Environment and Natural Resources, National Capital Region. However, this is without prejudice to whatever disciplinary case that may be commenced against him. [13] Respondent's motion for reconsideration of the above Resolution was subsequently denied by the CSC in its Resolution No. 050758 dated 7 June 2005, finding as follows: WHEREFORE, the motion for reconsideration is hereby DENIED. Accordingly, CSC Resolution No. 04-0968 dated September 1, 2004 affirming the Orders dated January 29, 2003 and September 15, 2003 of the Civil Service Commission National Capital Region, which reinstated Rudy A. Palecpec to his position as Administrative Officer III, Department of Environment and Natural Resources-National Capital Region, stands. The CSC-NCR is directed to monitor the implementation of this Resolution. [14] On 14 July 2005, respondent appealed to the Court of Appeals CSC Resolutions No. 040968 (dated 1 September 2004) and 050758 (dated 7 June 2005) via a Petition for Review under Rule 43 with prayer for a Temporary Restraining Order (TRO) and preliminary injunction. On 28 July 2005, the Court of Appeals issued a Resolution enjoining the CSC from implementing the appealed CSC Resolutions. The Court of Appeals thereafter rendered a Decision on 29 September 2005 reversing the Resolutions of the CSC and ruling thus: WHEREFORE, premises considered, the petition for review is hereby GRANTED. The assailed Resolutions of the Civil Service Commission affirming the CSC-NCR's Orders reinstating Rudy Palecpec to his position as Administrative Officer III with payment of back salaries are hereby REVERSED and SET ASIDE. [15] Petitioner filed with the Court of Appeals a motion for reconsideration of its 29 September 2005 Decision, but said motion was denied by the Court of Appeals in its Resolution dated 10 January 2006. Hence, petitioner now comes before us via the instant Petition for Review on Certiorari seeking the reversal and setting aside of the Decision dated 29 September 2005 and Resolution dated 10 January 2006 of the Court of Appeals and, consequently, his reinstatement to his position as Administrative Officer III with the DENR-NCR, with payment of back salaries, per CSC Re