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Geronga vs. Valera
Geronga vs. Valera
Geronga vs. Valera
Varela
PONENTE Austria-Martinez, J
ISSUE(S) 1. Whether or not Gerango was denied the due process of law
RULING(S) Yes.
The Court held that the dismissal of the petitioner on the first case
filed against him, upon closer inspection, reveal that he was
dismissed for an act which was not alleged in the administrative
charge filed against him. The sworn complaint filed against Geronga
in the first case pertains solely on the alleged defamatory
statements made in his Letter-Answer to the Sworn Complaint and
this according to Varela constitutes Grave Misconduct punishable by
dismissal from the government service. There is no showing that
the Memorandum dismissing Geronga appear that petitioner was
charged with Grave Misconduct or that he was held to answer for
his alleged defamatory statements in the abovementioned letter
hence, the Memorandum Dismissing the petitioner is void ab initio.
Therefore, there was nothing for Geronga to appeal from since the
Memorandum containing both the first and second administrative
case against him is non-existent
The Court explained “Two fundamental requirements of due
process in administrative cases are that a person must be duly
informed of the charges against him; and that he cannot be
convicted of an offense or crime with which he was not charged. A
deviation from these requirements renders the proceeding invalid
and the judgment issued therein a lawless thing that can be struck
down anytime.”
.