Acena V Civil Service Commission 193 SCRA 623

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

RAYMUNDO ACENA, v.

CIVIL SERVICE COMMISSION and JOSEFINA ESTOLAS


G.R. No. 90780
February 6, 1991

FACTS:
This is a petition for certiorari to annul the resolution of the Civil Service Commission
which set aside the order of the Merit Systems Protection Board declaring the herein petitioner as
the legitimate Administrative Officer of Rizal Technological Colleges. Acena was assigned
as Admin. Officer by then President of Rizal Technological Colleges and was subsequently
promoted as Associate Professor on temporary status pending his compliance to obtain a
Master’s Degree while assuming the position of Acting Admin Officer at the same time. The
Board of Trustees designated Ricardo Salvador as Acting Admin Officer and pursuant to the
same, the new College President Dr. Estolas revoked the designation of the petitioner as acting
Admin Officer. Petitioner sent a letter to the CSC stating his desire to keep his appointment as
Admin Officer instead of Associate Professor. Thus the latter’s appointment was withdrawn. He
also filed a complaint for injunction of damages to Dr. Estolas assailing the validity of his
dismissal from his position as violation of security of tenure. He filed another complaint for
illegal termination against Dr. Estolas before the Merit Systems Protection Board (MSPB). The
CSC opined that Acena is still the Admin Officer since his appointment as Asso. Prof. was
withdrawn. Dr. Estolas filed petition for review to the Office of the President. The Presidential
Staff Director referred the complaint back to the CSC. In the dispositive portion of its resolution,
the CSC finds the action of Dr. Estolas valid and set aside the previous opinion made by the CSC
and the order of the MSPB. The petitioner files a petition
for certiorari against the CSC decision on jurisdictional issue.

ISSUE: 
Whether or not the CSC acted in grave abuse of discretion.

RULING: 
The court held that respondent Estolas filed a petition for review beyond the prescriptive
period of 15 days where the decision of the MSPB can be made appealable with the CSC.
Beyond this reglementary period, the decision of the MSPB renders to be final and executory.
The petition was also filed at the wrong forum (to the office of the Pres.) The court finds the
CSC to have an excess of jurisdiction of entertaining the petition and made a reversible error of
setting aside the MSPB order which has long become final and executory. The court granted the
petition of the petitioner while setting aside the decision of the CSC. 

You might also like