Professional Documents
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Case Digest Sample
Case Digest Sample
Diwas
Master in Public Administration
University of Baguio
FACTS:
Respondents elevated the case to the Court of Appeals (CA) for review.
The CA affirmed the findings of the Petitioner but reduced the imposable
penalty from three-month to one-month suspension, holding that respondent's
act was not motivated by any corrupt or wrongful motive. Petitioner moved to
reconsider the decision asserting that it correctly imposed the medium-term
penalty of suspension for three months for Simple Misconduct as the
circumstance of lack of showing of corrupt or wrongful motive had been taken
into consideration in the downgrading of the offense from Grave Misconduct to
Simple Misconduct.
ISSUES:
RULING:
FACTS:
Respondent raised the case to the Court of Appeals. The CA set aside the
decision of the CSC and reinstated the judgment of the Board.
ISSUES:
1. Whether respondent Lucas was denied due process when the CSC
found him guilty of grave misconduct on a charge of simple
misconduct.
RULING:
2. The Supreme Court ruled that, even in jest, Respondent had no right to
touch complainant's leg. However, under the circumstances, such act is
not constitutive of grave misconduct, in the absence of proof that
respondent was maliciously motivated. We note that respondent has been
in the service for twenty (20) years and this is his first offense.
REPUBLIC OF THE PHILIPPINES vs. MINERVA M.P. PACHEO
G.R. No. 178021. January 25, 2012
FACTS:
ISSUE:
1. Whether or not Pacheo’s assignment constitutes constructive dismissal
and, thus, entitling her to reinstatement and backwages.
RULING:
FACTS:
On February 23, 1998, Republic Act No. 8543 was passed converting the
Basilan Provincial Hospital into a Tertiary Hospital under the full
administrative and technical supervision of the Department of Health, whereby
the hospital positions previously devolved to the local government unit of
Basilan were re-nationalized and reverted to the DOH.
While Dr. Yu was among the personnel reverted to the DOH with the
re-nationalization of the Basilan General Hospital, she was made to retain her
original item of PHO II instead of being given the re-classified position of
Chief of Hospital II. Subsequently, then DOH Secretary Manuel M. Dayrit
appointed Dr. Domingo Remus A. Dayrit to the position of Chief of Hospital
II.
Aggrieved, Dr. Yu filed a letter of protest before the CSC claiming that
she has a vested right to the position of Chief of Hospital II.
ISSUE: Whether or not Respondent Dr. Yu has a vested right to the position of
Chief of Hospital II.
RULING:
In line with the foregoing, Executive Order (E.O.) No. 503 was issued by
President Corazon Aquino which state, among others, that the absorption of
the NGA personnel by the LGU shall be mandatory, in which case, the LGUs
shall create the equivalent positions of the affected personnel except when it is
not administratively viable.
With Dr. Castillo's re-absorption by the DOH which appears to bear the
former's approval, her devolved position with the LGU of Basilan was left
vacant. Thus, Dr. Yu was validly appointed to the position of PHO II and,
consequently, acquired a vested right to its re-classified designation – Chief of
Hospital II. As such, Dr. Yu should have been automatically re-appointed by
Secretary Dayrit in accordance with the Guidelines for the Re-Nationalization
of Personnel, Assets and Appropriations of Basilan Provincial Hospital.