Civil Procedure

Pat-og v. CSC, G.R. No. 198755, 697 SCRA 567 (2013) them and dismissed the class for their failure to follow instructions; and that he offered the
sworn statement of other students to prove that he did not box Bang-on.
G.R. No. 198755 June 5, 2013
On June 1, 2004, the CSC-CAR found the existence of a prima faciecase for misconduct and
ALBERTO PAT-OG, SR., Petitioner, formally charged Pat-og.
vs.
CIVIL SERVICE COMMISSION, Respondent. While the proceedings of the administrative case were ongoing, the RTC rendered its judgment
in the criminal case and found Pat-og guilty of the offense of slight physical injury. He was
DECISION meted the penalty of imprisonment from eleven (11) to twenty (20) days. Following his
application for probation, the decision became final and executory and judgment was entered.
MENDOZA, J.:
Meanwhile, in the administrative case, a pre-hearing conference was conducted after repeated
postponement by Pat-og. With the approval of the CSC-CAR, the prosecution submitted its
Before this Court is a Petition for Review on Certiorari under Rule 45 of the Rules of Court, position paper in lieu of a formal presentation of evidence and formally offered its evidence,
which seeks to set aside the April 6, 2011 Decision1 of the Court of Appeals (CA) in CA-G.R. which included the decision in the criminal case. It offered the affidavits of Raymund Atuban, a
SP No. 101700, affirming the April 11, 2007 Decision 2 of the Civil Service Commission (CSC), classmate of Bang-on; and James Domanog, a third year high school student, who both
which ordered the dismissal of petitioner Alberto Pat-og, Sr. (Pat-og) from the service for grave witnessed Pat-og hit Bang-on in the stomach.
misconduct.
For his defense, Pat-og offered the testimonies of his witnesses - Emiliano Dontongan
The Facts (Dontongan), a teacher in another school, who alleged that he was a member of the Municipal
Council for the Protection of Children, and that, in such capacity, he investigated the incident
On September 13, 2003, Robert Bang-on (Bang-on), then a 14-year old second year high school and came to the conclusion that it did not happen at all; and Ernest Kimmot, who testified that
student of the Antadao National High School in Sagada, Mountain Province, tiled an affidavit- he was in the basketball court at the time but did not see such incident. Pat-og also presented the
complaint against Pat-og, a third year high school teacher of the same school, before the Civil affidavits of thirteen other witnesses to prove that he did not punch Bang-on.
Service Commission-Cordillera Administrative Region (CSC-CAR).
Ruling of the CSC-CAR
Bang-on alleged that on the morning of August 26, 2003, he attended his class at the basketball
court of the school, where Pat-og and his third year students were also holding a separate class; In its Decision,3 dated September 19, 2006, the CSC-CAR found Pat-og guilty and disposed as
that he and some of his classmates joined Pat-og’s third year students who were practicing follows:
basketball shots; that Pat-og later instructed them to form two lines; that thinking that three lines
were to be formed, he stayed in between the two lines; that Pat-og then held his right arm and
punched his stomach without warning for failing to follow instructions; and that as a result, he WHEREFORE, all premises told, respondent Alberto Pat-og, Sr., Teacher Antadao National
suffered stomach pain for several days and was confined in a hospital from September 10-12, High School, is hereby found guilty of Simple Misconduct.
2003, as evidenced by a medico-legal certificate, which stated that he sustained a contusion
hematoma in the hypogastric area. Under the Uniform Rules on Administrative Cases in the Civil Service, the imposable penalty on
the first offense of Simple Misconduct is suspension of one (1) month and one (1) day to six (6)
Regarding the same incident, Bang-on filed a criminal case against Pat-og for the crime of Less months.
Serious Physical Injury with the Regional Trial Court (RTC) of Bontoc, Mountain Province.
Due to seriousness of the resulting injury to the fragile body of the minor victim, the CSC-CAR
Taking cognizance of the administrative case, the CSC-CAR directed Pat-og to file his counter- hereby imposed upon respondent the maximum penalty attached to the offense which is six
affidavit. He denied the charges hurled against him and claimed that when he was conducting months suspension without pay.
his Music, Arts, Physical Education and Health (MAPEH) class, composed of third year
students, he instructed the girls to play volleyball and the boys to play basketball; that he later The CSC-CAR gave greater weight to the version posited by the prosecution, finding that a blow
directed the boys to form two lines; that after the boys failed to follow his repeated instructions, was indeed inflicted by Pat-og on Bang-on. It found that Pat-og had a motive for doing so - his
he scolded them in a loud voice and wrested the ball from them; that while approaching them, he students’ failure to follow his repeated instructions which angered him. Nevertheless, the
noticed that there were male students who were not members of his class who had joined the CSCCAR ruled that a motive was not necessary to establish guilt if the perpetrator of the offense
shooting practice; that one of those male students was Bang-on, who was supposed to be having was positively identified. The positive identification of Pat-og was duly proven by the
his own MAPEH class under another teacher; that he then glared at them, continued scolding corroborative testimonies of the prosecution witnesses, who were found to be credible and
disinterested. The testimony of defense witness, Dontongan, was not given credence considering

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that the students he interviewed for his investigation claimed that Pat-og was not even angry at Finding that his act of punching his student displayed a flagrant and wanton disregard of the
the time of the incident, contrary to the latter’s own admission. dignity of a person, reminiscent of corporal punishment that had since been outlawed for being
harsh, unjust, and cruel, the CSC upgraded Pat-og’s offense from Simple Misconduct to Grave
The CSC-CAR held that the actions of Pat-og clearly transgressed the proper norms of conduct Misconduct and ordered his dismissal from the service.
required of a public official, and the gravity of the offense was further magnified by the
seriousness of the injury of Bang-on which required a healing period of more than ten (10) days. Pat-og filed a motion for reconsideration, questioning for the first time the jurisdiction of CSC
It pointed out that, being his teacher, Pat-og’s substitute parental authority did not give him over the case. He contended that administrative charges against a public school teacher should
license to physically chastise a misbehaving student. The CSC-CAR added that the fact that Pat- have been initially heard by a committee to be constituted pursuant to the Magna Carta for
og applied for probation in the criminal case, instead of filing an appeal, further convinced it of Public School Teachers.
his guilt.
On November 5, 2007, the CSC denied his motion for reconsideration. 7 It ruled that Pat-og was
The CSC-CAR believed that the act committed by Pat-og was sufficient to find him guilty of estopped from challenging its jurisdiction considering that he actively participated in the
Grave Misconduct. It, however, found the corresponding penalty of dismissal from the service administrative proceedings against him, raising the issue of jurisdiction only after his appeal was
too harsh under the circumstances. Thus, it adjudged petitioner guilty of Simple Misconduct and dismissed by the CSC.
imposed the maximum penalty of suspension for six (6) months.
Ruling of the Court of Appeals
On December 11, 2006, the motion for reconsideration filed by Pat-og was denied for lack of
merit.4 In its assailed April 6, 2011 Decision,8 the CA affirmed the resolutions of the CSC. It agreed
that Pat-og was estopped from questioning the jurisdiction of the CSC as the records clearly
The Ruling of the CSC showed that he actively participated in the proceedings. It was of the view that Pat-og was not
denied due process when he failed to cross-examine Bang-on and his witnesses because he was
In its Resolution,5 dated April 11, 2007, the CSC dismissed Pat-og’s appeal and affirmed with given the opportunity to be heard and present his evidence before the CSC-CAR and the CSC.
modification the decision of the CSC-CAR as follows:
The CA also held that the CSC committed no error in taking into account the conviction of Pat-
WHEREFORE, foregoing premises considered, the instant appeal is hereby DISMISSED. The og in the criminal case. It stated that his conviction was not the sole basis of the CSC for his
decision of the CSC-CAR is affirmed with the modification that Alberto Pat-og, Sr., is adjudged dismissal from the service because there was substantial evidence proving that Pat-og had
guilty of grave misconduct, for which he is meted out the penalty of dismissal from the service indeed hit Bang-on.
with all its accessory penalties of cancellation of eligibilities, perpetual disqualification from
reemployment in the government service, and forfeiture of retirement benefits. 6 In its assailed Resolution,9 dated September 13, 2011, the CA denied the motion for
reconsideration filed by Pat-og.
After evaluating the records, the CSC sustained the CSC-CAR’s conclusion that there existed
substantial evidence to sustain the finding that Pat-og did punch Bang-on in the stomach. It gave Hence, the present petition with the following
greater weight to the positive statements of Bang-on and his witnesses over the bare denial of
Patog. It also highlighted the fact that Pat-og failed to adduce evidence of any ill motive on the Assignment of Errors
part of Bang-on in filing the administrative case against him. It likewise gave credence to the
medico-legal certificate showing that Bang-on suffered a hematoma contusion in his hypogastric
area. WHETHER OR NOT RESPONDENT COURT OF APPEALS COMMITTED GRAVE
ABUSE OF DISCRETION WHEN IT AFFIRMED THE SUPREME PENALTY OF
DISMISSAL FROM SERVICE WITH FORFEITURE OF RETIREMENT BENEFITS
The CSC ruled that the affidavits of Bang-on’s witnesses were not bereft of evidentiary value AGAINST THE PETITIONER WITHOUT CONSIDERING PETITIONER’S LONG YEARS
even if Pat-og was not afforded a chance to cross-examine the witnesses of Bang-on. It is of no OF GOVERNMENT SERVICE?
moment because the cross- examination of witnesses is not an indispensable requirement of
administrative due process.
WHETHER OR NOT RESPONDENT COURT OF APPEALS COMMITTED GRAVE
ABUSE OF DISCRETION WHEN IT RULED THAT PETITIONER IS ESTOPPED FROM
The CSC noted that Pat-og did not question but, instead, fully acquiesced in his conviction in the QUESTIONING THE JURISDICTION OF THE CIVIL SERVICE COMMISSION TO HEAR
criminal case for slight physical injury, which was based on the same set of facts and AND DECIDE THE ADMINISTRATIVE CASE AGAINST HIM?
circumstances, and involved the same parties and issues. It, thus, considered his prior criminal
conviction as evidence against him in the administrative case.
WHETHER OR NOT RESPONDENT COURT OF APPEALS SERIOUSLY ERRED AND
COMMITTED GRAVE ABUSE OF DISCRETION IN DISMISSING THE APPEAL DESPITE
LACK OF SUBSTANTIAL EVIDENCE?
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On Jurisdiction public school teachers. Pat-og, as a public school teacher, is first and foremost, a civil servant
accountable to the people and answerable to the CSC for complaints lodged against him as a
Pat-og contends that Section 9 of Republic Act (R.A.) No. 4670, otherwise known as the Magna public servant. To hold that R.A. No. 4670 divests the CSC of its power to discipline public
Carta for Public School Teachers, provides that administrative charges against a public school school teachers would negate the very purpose for which the CSC was established and would
teacher shall be heard initially by a committee constituted under said section. As no committee impliedly amend the Constitution itself.
was ever formed, the petitioner posits that he was denied due process and that the CSC did not
have the jurisdiction to hear and decide his administrative case. He further argues that To further drive home the point, it was ruled in CSC v. Macud 19 that R.A. No. 4670, in imposing
notwithstanding the fact that the issue of jurisdiction was raised for the first time on appeal, the a separate set of procedural requirements in connection with administrative proceedings against
rule remains that estoppel does not confer jurisdiction on a tribunal that has no jurisdiction over public school teachers, should be construed to refer only to the specific procedure to be followed
the cause of action or subject matter of the case. in administrative investigations conducted by the DepEd. By no means, then, did R.A. No. 4670
confer an exclusive disciplinary authority over public school teachers on the DepEd.
The Court cannot sustain his position.
At any rate, granting that the CSC was without jurisdiction, the petitioner is indeed estopped
The petitioner’s argument that the administrative case against him can only proceed under R.A. from raising the issue. Although the rule states that a jurisdictional question may be raised at any
No. 4670 is misplaced. time, such rule admits of the exception where, as in this case, estoppel has supervened. 20 Here,
instead of opposing the CSC’s exercise of jurisdiction, the petitioner invoked the same by
actively participating in the proceedings before the CSC-CAR and by even filing his appeal
In Puse v. Santos-Puse,10 it was held that the CSC, the Department of Education (DepEd) and before the CSC itself; only raising the issue of jurisdiction later in his motion for reconsideration
the Board of Professional Teachers-Professional Regulatory Commission (PRC) have concurrent after the CSC denied his appeal. This Court has time and again frowned upon the undesirable
jurisdiction over administrative cases against public school teachers. practice of a party submitting his case for decision and then accepting the judgment only if
favorable, but attacking it for lack of jurisdiction when adverse. 21
Under Article IX-B of the 1987 Constitution, the CSC is the body charged with the
establishment and administration of a career civil service which embraces all branches and On Administrative Due Process
agencies of the government.11 Executive Order (E.O.) No. 292 (the Administrative Code of
1987)12 and Presidential Decree (P.D.) No. 807 (the Civil Service Decree of the Philippines) 13
expressly provide that the CSC has the power to hear and decide administrative disciplinary On due process, Pat-og asserts that the affidavits of the complainant and his witnesses are of
cases instituted with it or brought to it on appeal. Thus, the CSC, as the central personnel agency questionable veracity having been subscribed in Bontoc, which is nearly 30 kilometers from the
of the government, has the inherent power to supervise and discipline all members of the civil residences of the parties. Furthermore, he claimed that considering that the said affiants never
service, including public school teachers. testified, he was never afforded the opportunity to cross-examine them. Therefore, their
affidavits were mere hearsay and insufficient to prove his guilt.
Indeed, under Section 9 of R.A. No. 4670, the jurisdiction over administrative cases of public
school teachers is lodged with the investigating committee constituted therein. 14 Also, under The petitioner does not persuade.
Section 23 of R.A. No. 7836 (the Philippine Teachers Professionalization Act of 1994), the
Board of Professional Teachers is given the power, after due notice and hearing, to suspend or The essence of due process is simply to be heard, or as applied to administrative proceedings, a
revoke the certificate of registration of a professional teacher for causes enumerated therein. 15 fair and reasonable opportunity to explain one’s side, or an opportunity to seek a reconsideration
of the action or ruling complained of.22 Administrative due process cannot be fully equated with
Concurrent jurisdiction is that which is possessed over the same parties or subject matter at the due process in its strict judicial sense. In administrative proceedings, a formal or trial-type
same time by two or more separate tribunals. When the law bestows upon a government body hearing is not always necessary23 and technical rules of procedure are not strictly applied.
the jurisdiction to hear and decide cases involving specific matters, it is to be presumed that such Hence, the right to cross-examine is not an indispensable aspect of administrative due process.24
jurisdiction is exclusive unless it be proved that another body is likewise vested with the same The petitioner cannot, therefore, argue that the affidavit of Bang-on and his witnesses are
jurisdiction, in which case, both bodies have concurrent jurisdiction over the matter. 16 hearsay and insufficient to prove his guilt.

Where concurrent jurisdiction exists in several tribunals, the body that first takes cognizance of At any rate, having actively participated in the proceedings before the CSC-CAR, the CSC, and
the complaint shall exercise jurisdiction to the exclusion of the others. In this case, it was CSC the CA, the petitioner was apparently afforded every opportunity to explain his side and seek
which first acquired jurisdiction over the case because the complaint was filed before it. Thus, it reconsideration of the ruling against him.1âwphi1
had the authority to proceed and decide the case to the exclusion of the DepEd and the Board of
Professional Teachers.17 As to the issue of the veracity of the affidavits, such is a question of fact which cannot now be
raised before the Court under Rule 45 of the Rules of Court. The CSC-CAR, the CSC and the
In CSC v. Alfonso,18 it was held that special laws, such as R.A. No. 4670, do not divest the CSC CA did not, therefore, err in giving credence to the affidavits of the complainants and his
of its inherent power to supervise and discipline all members of the civil service, including witnesses, and in consequently ruling that there was substantial evidence to support the finding
of misconduct on the part of the petitioner.
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On the Penalty

Assuming that he did box Bang-on, Pat-og argues that there is no substantial evidence to prove
that he did so with a clear intent to violate the law or in flagrant disregard of the established rule,
as required for a finding of grave misconduct. He insists that he was not motivated by bad faith
or ill will because he acted in the belief that, as a teacher, he was exercising authority over
Bang-on in loco parentis, and was, accordingly, within his rights to discipline his student. Citing
his 33 years in the government service without any adverse record against him and the fact that
he is at the edge of retirement, being already 62 years old, the petitioner prays that, in the name
of substantial and compassionate justice, the CSC-CAR’s finding of simple misconduct and the
concomitant penalty of suspension should be upheld, instead of dismissal.

The Court agrees in part.

Misconduct means intentional wrongdoing or deliberate violation of a rule of law or standard of

behavior. To constitute an administrative offense, misconduct should relate to or be connected
with the performance of the official functions and duties of a public officer. In grave
misconduct, as distinguished from simple misconduct, the elements of corruption, clear intent to
violate the law or t1agrant disregard of an established rule must be manifest. 25

Teachers are duly licensed professionals who must not only be competent in the practice of their
noble profession, but must also possess dignity and a reputation with high moral values. They
must strictly adhere to, observe, and practice the set of ethical and moral principles, standards,
and values laid down in the Code of Ethics of Professional Teachers, which apply to all teachers
in schools in the Philippines, whether public or private, as provided in the preamble of the said
Code.26 Section 8 of Article VIII of the same Code expressly provides that "a teacher shall not
inflict corporal punishment on offending learners."

Clearly then, petitioner cannot argue that in punching Bang-on, he was exercising his right as a
teacher in loco parentis to discipline his student. It is beyond cavil that the petitioner, as a public
school teacher, deliberately violated his Code of Ethics. Such violation is a flagrant disregard for
the established rule contained in the said Code tantamount to grave misconduct.

Under Section 52(A)(2) of Rule IV of the Uniform Rules on Administrative Cases in the Civil
Service, the penalty for grave misconduct is dismissal from the service, which carries with it the
cancellation of eligibility, forfeiture of retirement benefits and perpetual disqualification from
reemployment in the government service.27 This penalty must, however, be tempered with
compassion as there was sut1icient provocation on the part of Bang-on. Considering further the
mitigating circumstances that the petitioner has been in the government service for 33 years, that
this is his first offense and that he is at the cusp of retirement, the Court finds the penalty of
suspension for six months as appropriate under the circumstances.

WHEREFORE, the Court PARTIALLY GRANTS the petition and MODIFIES the April 6,
2011 Decision of the Court of Appeals in CA-G.R. SP No. 101700. Accordingly, Alberto Pat-
og, Sr. is found GUlLTY of Grave Misconduct, but the penalty is reduced from dismissal from
the service to SUSPENSION for SIX MONTHS.

SO ORDERED.

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