University of the Philippines v. Regino
G.R. No. 88167 | May 3, 1993
Private respondent Angel Pamplina, a mimeograph operator at the University of the Philippines was dismissed after being found guilty of causing the leakage of final examination questions. After seeking relief from Merit Systems Board (MSB), MSB ruled in favor of respondent. Thus, UP appealed to the Civil Service Commission which sustained the MSB and ordered respondent’s reinstatement. On RTC, respondent’s immediate reinstatement was also ordered. However, UP contends that under Section 6(e) of its charter, Act 1870, UP Board of Regents has the power “to appoint, on recommendation of the president of the university, professors, instructors, lecturers, and other employees of the university, to fix their compensation and to remove them for cause after an investigation and hearing shall have been had.”
Whether or not the administrative cases involving the discipline of petitioner’s employees come under the appellate jurisdiction of the Civil Service Commission.
Yes. As a mere government-owned or controlled corporation, UP was clearly a part of the Civil Service under the 1973 Constitution and now continues to be so because it was created by a special law and has an original charter. As a component of the Civil Service, UP is therefore governed by PD 807 and administrative cases involving the discipline of its employees come under the appellate jurisdiction of the Civil Service Commission.
Under the 1973 Constitution, all government-owned or controlled corporations, regardless of the manner of their creation, were considered part of the Civil Service. Under the 1987 Constitution only government-owned or controlled corporations with original charters fall within the scope of the Civil Service pursuant to Article IX-B, Section 2(1), which states: “The Civil Service embraces all branches, subdivisions, instrumentalities, and agencies of the government, including government-owned or controlled corporations with original charters.”