2009-2010

Former DECS Secretary Ricardo Gloria filed a complaint which charged respondent
Maria Luisa Moral with the pilferage of some historical documents from the vault
of the Filipiniana and Asian Division of the National Library which were under
her control and supervision as Division Chief. The DECS Secretary found responde
nt guilty of dishonesty, grave misconduct and conduct prejudicial to the best in
terest of the service. She was ordered dismissed from the government service. Re
spondent did not appeal the judgment but she filed a petition for production of
the DECS investigation committee report, which was, however, denied. She reitera
ted her request but likewise denied. She then filed an action for mandamus and i
njunction before the regular courts against Sec. Gloria praying that she be furn
ished a copy of the DECS investigation committee. Secretary Gloria moved to dism
iss the mandamus case for lack of cause of action, but the trial court denied hi
s motion. Thus, he elevated the case to the CA imputing grave abuse of discretio
n, which was dismissed as well for lack of merit. Motion for reconsideration was
likewise denied. ISSUE: W/N the CA erred in dismissing the petition for certior
ari HELD: YES. The challenged order of the trial court falls short of the requir
ements prescribed in Rule 16 of the 1997 Rules of Procedure. The Order merely di
scussed the general concept of mandamus and the trial courts jurisdiction over th
e rulings and actions of administrative agencies without stating the basis by pe
titioners motion to dismiss was being denied. NOTE: There is no law which imposes
a legal duty on petitioner to furnish respondent with a copy of the investigati
on report. A respondent in an administrative case is not entitled to be informed
of the findings and recommendations of any investigating committee created to i
nquire into charges filed against him.