Geronga was involved in two administrative cases while working as an Engineer IV for the city government of Cadiz. The first case involved charges of unjust vexation, contempt, insubordination, and engaging in partisan political activity. The second case involved a charge of grave misconduct. The City Legal Officer recommended dismissing Geronga for grave misconduct and partisan politics. The City Mayor approved and issued an order dismissing Geronga. Geronga appealed to the Civil Service Commission (CSC) without legal counsel. The CSC granted the appeal and reinstated Geronga. However, the City Mayor filed a motion for reconsideration pointing out that Geronga failed to appeal the second case, so the dismissal in that case was final. The CSC
Geronga was involved in two administrative cases while working as an Engineer IV for the city government of Cadiz. The first case involved charges of unjust vexation, contempt, insubordination, and engaging in partisan political activity. The second case involved a charge of grave misconduct. The City Legal Officer recommended dismissing Geronga for grave misconduct and partisan politics. The City Mayor approved and issued an order dismissing Geronga. Geronga appealed to the Civil Service Commission (CSC) without legal counsel. The CSC granted the appeal and reinstated Geronga. However, the City Mayor filed a motion for reconsideration pointing out that Geronga failed to appeal the second case, so the dismissal in that case was final. The CSC
Geronga was involved in two administrative cases while working as an Engineer IV for the city government of Cadiz. The first case involved charges of unjust vexation, contempt, insubordination, and engaging in partisan political activity. The second case involved a charge of grave misconduct. The City Legal Officer recommended dismissing Geronga for grave misconduct and partisan politics. The City Mayor approved and issued an order dismissing Geronga. Geronga appealed to the Civil Service Commission (CSC) without legal counsel. The CSC granted the appeal and reinstated Geronga. However, the City Mayor filed a motion for reconsideration pointing out that Geronga failed to appeal the second case, so the dismissal in that case was final. The CSC
(Aspects of the Proceedings) FACTS: Petitioner is an Engineer IV at General Services Department of Cadiz, was involved in 2 admin cases: Administrative Case for Unjust Vexation, Contempt, Insubordination, Conduct Unbecoming a Public Officer, and Alarm and Scandal; and Administrative Case for Grave Misconduct and Engaging in Partisan Political Activity. The City Legal Officer recommended DISMISSAL FOR GRAVE MISCONDUCT and for partisan politics. City Mayor Varela approved both recommendations, issued Memo addressed to Geronga meting him with the penalty of dismissal. Geronga filed w/ CSC a NOTICE OF APPEAL (w/o counsel), and further filed a Joint Memo in w/c he discussed only 1 of the 2 admin cases against him (still w/o counsel). CSC granted the appeal. Petitioner (and the 2 others) reinstated. Varela filed Motion for Reconsideration, pointed out that Geronga could no longer be reinstated as he failed to appeal the other civil case (w/c dismissed Geronga), thus it became final. CSC on Motion for reconsideration partly granted, reversing earlier CSC decision on Geronga (thus Geronga would NOT BE REINSTATED). ISSUE : Whether or not Geronga was denied due process HELD : YES. Resolution as for 1st admin case void. 2 fundamental requisites of due process: a. Duly informed of the charges against him b. Cannot be convicted of an offense or crime w/ w/c he was not charged BUT GERONGA WAS DISMISSED FOR AN ACT W/C WAS NOT ALLEGED IN THE ADMINISTRATIVE CHARGE FILED AGAINST HIM Charges concerned his refusal to comply with several orders issued by Varela and Mateo for the filing of daily time records and his having challenged Mateo to a fistfight (NO GRAVE MISCONDUCT CHARGE). BUT RECOMMENDATION pertains solely to the alleged defamatory statements which Geronga made in his Letter-Answer to the sworn complaint. As for the other admin case, leave prerogative to the primary disciplining authority (incumbent mayor of Cadiz) DISPOSITION. Grant petition. Reverse and Set Aside CA Joint deci insofar as Geronga is concerned. Annul CSC Resolution. Remand admin case to mayor.