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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
October-2003 Jurisprudence                 

  • A.M. No. P-02-1548 October 1, 2003 - ROBERT E. VILLAROS v. RODOLFO ORPIANO

  • A.M. Nos. P-03-1697 & P-03-1699 October 1, 2003 - JOCELYN S. PAISTE v. APRONIANO V. MAMENTA

  • G.R. Nos. 133066-67 October 1, 2003 - PEOPLE OF THE PHIL. v. ROMEO H. LAMBID

  • G.R. No. 137554 October 1, 2003 - PEOPLE OF THE PHIL. v. JOHN MAMARION, ET AL.

  • G.R. No. 148198 October 1, 2003 - PEOPLE OF THE PHIL. v. ELIZABETH CORPUZ

  • G.R. Nos. 150630-31 October 1, 2003 - PEOPLE OF THE PHIL. v. JAIME OLAYBAR

  • G.R. No. 152176 October 1, 2003 - PEOPLE OF THE PHIL. v. ROGER D. DELA CRUZ

  • G.R. No. 154130 October 1, 2003 - BENITO ASTORGA v. PEOPLE OF THE PHIL.

  • G.R. No. 156034 October 1, 2003 - DELSAN TRANSPORT LINES, INC. v. C & A CONSTRUCTION, INC.

  • A.M. No. RTJ-03-1803 October 2, 2003 - VICTOR A. ASLARONA v. ANTONIO T. ECHAVEZ

  • G.R. No. 128882 October 2, 2003 - PEOPLE OF THE PHIL. v. JOEL AYUDA

  • G.R. No. 145337 October 2, 2003 - PEOPLE OF THE PHIL. v. LEE HOI MING

  • G.R. No. 150382 October 2, 2003 - PEOPLE OF THE PHIL. v. EDDIE BASITE

  • A.C. No. 6061 October 3, 2003 - RAUL C. SANCHEZ v. SALUSTINO SOMOSO

  • A.M. MTJ-00-1311 October 3, 2003 - SILVESTRE H. BELLO III v. AUGUSTUS C. DIAZ, ET AL.

  • A.M. No. P-02-1547 October 3, 2003 - LEOPOLDO V. CAÑETE v. NELSON MANLOSA

  • A.M. No. P-02-1550 October 3, 2003 - AMELIA L. AVELLANOSA v. JOSE Z. CAMASO

  • G.R. No. 118375 October 3, 2003 - CELESTINA T. NAGUIAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 122134 October 3, 2003 - ROMANA LOCQUIAO VALENCIA, ET AL. v. BENITO A. LOCQUIAO, ET AL.

  • G.R. No. 143388 October 6, 2003 - SPS. ROLANDO and ROSITA CRUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 146569 October 6, 2003 - PEOPLE OF THE PHIL. v. JOHN NEQUIA

  • A.M. Nos. P-03-1744–45 October 7, 2003 - FE ALBANO MADRID v. ANTONIO T. QUEBRAL

  • G.R. No. 135377 October 7, 2003 - DSR-SENATOR LINES, ET AL. v. FEDERAL PHOENIX ASSURANCE CO., INC.

  • G.R. No. 149453 October 7, 2003 - PEOPLE OF THE PHIL., ET AL. v. PANFILO M. LACSON

  • G.R. No. 149717 October 7, 2003 - EASTERN ASSURANCE & SURETY CORP. v. LTFRB

  • G.R. No. 155258 October 7, 2003 - CONRADO S. CANO v. PEOPLE OF THE PHIL.

  • A.C. No. 4881 October 8, 2003 - RAU SHENG MAO v. ANGELES A. VELASCO

  • G.R. No. 120864 October 8, 2003 - MANUEL T. DE GUIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 136845 October 8, 2003 - PEOPLE OF THE PHIL. v. GUILLERMO FLORENDO

  • G.R. No. 145166 October 8, 2003 - PEOPLE OF THE PHIL. v. ALBERTO ROMERO, ET AL.

  • G.R. No. 146118 October 8, 2003 - SAMUEL SAMARCA v. ARC-MEN INDUSTRIES, INC.

  • G.R. Nos. 148056-61 October 8, 2003 - PEOPLE OF THE PHIL. v. JOSE DE CASTRO

  • G.R. No. 149420 October 8, 2003 - SONNY LO v. KJS ECO-FORMWORK SYSTEM PHIL., INC.

  • G.R. No. 152776 October 8, 2003 - HENRY S. OAMINAL v. PABLITO M. CASTILLO, ET AL.

  • G.R. No. 153751 October 8, 2003 - MID PASIG LAND DEVELOPMENT CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 154579 October 8, 2003 - MA. LOURDES R. DE GUZMAN v. PEOPLE OF THE PHIL.

  • A.M. No. P-96-1179 October 10, 2003 - WINSTON C. CASTELO v. CRISTOBAL C. FLORENDO

  • G.R. No. 110604 October 10, 2003 - BUENAVENTURA S. TENORIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140917 October 10, 2003 - MENELIETO A. OLANDA v. LEONARDO G. BUGAYONG, ET AL.

  • A.M. No. P-02-1640 October 13, 2003 - SAAD ANJUM v. CESAR L. ABACAHIN, ET AL.

  • G.R. No. 122765 October 13, 2003 - PEOPLE OF THE PHIL. v. EDGARDO L. VARGAS

  • G.R. No. 141942 October 13, 2003 - PEOPLE OF THE PHIL. v. JIMMY PONCE JAMON

  • G.R. No. 143842 October 13, 2003 - PEOPLE OF THE PHIL. v. MANGI L. ADAM

  • G.R. No. 144662 October 13, 2003 - SPS. EFREN AND DIGNA MASON, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. MTJ-02-1459 October 14, 2003 - IMELDA Y. MADERADA v. ERNESTO H. MEDIODEA

  • A.M. No. P-03-1674 October 14, 2003 - PABLO B. FRANCISCO v. OLIVIA M. LAUREL

  • A.M. No. RTJ-03-1805 October 14, 2003 - TEODORA A. RUIZ v. ROLANDO G. HOW

  • G.R. No. 153157 October 14, 2003 - PHILIPPINE AIRLINES v. ARTHUR B. TONGSON

  • A.M. No. RTJ-02-1697 October 15, 2003 - EUGENIO K. CHAN v. JOSE S. MAJADUCON

  • A.M. No. RTJ-02-1699 October 15, 2003 - VERNETTE UMALI-PACO, ET AL. v. REINATO G. QUILALA, ET AL.

  • A.M. No. RTJ-03-1808 October 15, 2003 - RADELIA SY, ET AL. v. ANTONIO FINEZA

  • G.R. Nos. 123144, 123207 & 123536 October 15, 2003 - PABLO P. BURGOS, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126119 October 15, 2003 - PEOPLE OF THE PHIL v. GILDO B. PELOPERO PNP

  • G.R. No. 130662 October 15, 2003 - PEOPLE OF THE PHIL. v. SERGIO ABON

  • G.R. No. 138364 October 15, 2003 - PEOPLE OF THE PHIL. v. ROGELIO VILLANUEVA

  • G.R. No. 142381 October 15, 2003 - PHILIPPINE BLOOMING MILLS, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 142595 October 15, 2003 - RACHEL C. CELESTIAL v. JESSE CACHOPERO

  • G.R. Nos. 148139-43 October 15, 2003 - PEOPLE OF THE PHIL. v. HERMENIO CANOY

  • G.R. No. 156273 October 15, 2003 - HEIRS OF TIMOTEO MORENO, ET AL. v. MACTAN-CEBU INT’L. AIRPORT AUTHORITY

  • A.M. No. SCC-00-6-P October 16, 2003 - RE: Ma. Corazon M. Molo

  • A.M. No. P-02-1592 October 16, 2003 - LUZITA ALPECHE v. EXPEDITO B. BATO

  • G.R. No. 141074 October 16, 2003 - PEOPLE OF THE PHIL. v. NORLY LIBRADO

  • G.R. No. 144881 October 16, 2003 - BETTY T. CHUA v. ABSOLUTE MNGT. CORP., ET AL.

  • G.R. Nos. 147650-52 October 16, 2003 - PEOPLE OF THE PHIL. v. RODOLFO S. PEPITO

  • G.R. No. 152492 October 16, 2003 - PALMA DEVELOPMENT CORP. v. MUN. OF MALANGAS

  • G.R. Nos. 153991-92 October 16, 2003 - ANWAR BERUA BALINDONG v. COMELEC, ET AL.

  • A.M. No. P-01-1475 October 17, 2003 - MANUEL R. AQUINO v. JOCELYN C. FERNANDEZ

  • G.R. No. 131399 October 17, 2003 - ANGELITA AMPARO GO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 133759-60 October 17, 2003 - PEOPLE OF THE PHIL. v. LEONITO LORENZO

  • G.R. Nos. 148673-75 October 17, 2003 - PEOPLE OF THE PHIL. v. FLORENCIO R. ABANILLA

  • G.R. No. 150286 October 17, 2003 - ELCEE FARMS, INC., ET AL. v. PAMPILO SEMILLANO, ET AL.

  • G.R. No. 142885 October 22, 2003 - PEOPLE OF THE PHIL. v. WILLIAM TIU, ET AL.

  • A.M. No. MTJ-01-1368 October 23, 2003 - JOSE GODOFREDO M. NAUI v. MARCIANO C. MAURICIO, SR.

  • G.R. No. 120409 October 23, 2003 - PEOPLE OF THE PHIL. v. WILLIAMSON PICKRELL, ET AL.

  • G.R. No. 120670 October 23, 2003 - PEOPLE OF THE PHIL. v. HEDISHI SUZUKI

  • G.R. No. 125689 October 23, 2003 - PEOPLE OF THE PHIL. v. ANTONIO SATIOQUIA

  • G.R. No. 127153 October 23, 2003 - PEOPLE OF THE PHIL. v. SATUR G. APOSAGA

  • G.R. No. 132788 October 23, 2003 - PEOPLE OF THE PHIL. v. ISAIAS FERNANDEZ, ET AL.

  • G.R. No. 134485 October 23, 2003 - PEOPLE OF THE PHIL. v. OSCAR PEREZ

  • G.R. Nos. 134573-75 October 23, 2003 - PEOPLE OF THE PHIL. v. VICENTE BINARAO, ET AL.

  • G.R. No. 136849 October 23, 2003 - PEOPLE OF THE PHIL. v. NESTOR A. CODERES

  • G.R. No. 138456 October 23, 2003 - PEOPLE OF THE PHIL. v. ROLANDO P. DEDUYO

  • G.R. No. 140247 October 23, 2003 - ALEX ASUNCION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 143252 October 23, 2003 - CEBU MARINE BEACH RESORT, ET AL. v. NLRC, ET AL.

  • G.R. Nos. 146368-69 October 23, 2003 - MADELEINE MENDOZA-ONG v. SANDIGANBAYAN, ET AL.

  • G.R. No. 146608 October 23, 2003 - SPS. CONSTANTE & AZUCENA FIRME v. BUKAL ENTERPRISES AND DEV’T. CORP.

  • G.R. No. 147369 October 23, 2003 - SPS. PATRICK and RAFAELA JOSE v. SPS. HELEN and ROMEO BOYON

  • G.R. No. 147549 October 23, 2003 - JESUS DELA ROSA, ET AL. v. SANTIAGO CARLOS, ET AL.

  • G.R. No. 149149 October 23, 2003 - ERNESTO SYKI v. SALVADOR BEGASA

  • G.R. No. 149725 October 23, 2003 - OSCAR MAGNO v. PEOPLE OF THE PHIL.

  • G.R. Nos. 150493-95 October 23, 2003 - PEOPLE OF THE PHIL. v. CIRILO MACABATA

  • G.R. No. 150946 October 23, 2003 - MUNICIPAL BOARD OF CANVASSERS OF GLAN, ET AL. v. COMELEC, ET AL.

  • G.R. No. 152135 October 23, 2003 - PEOPLE OF THE PHIL. v. MARCOS GIALOLO, ET AL.

  • G.R. No. 152716 October 23, 2003 - ELNA MERCADO-FEHR v. BRUNO FEHR

  • G.R. Nos. 154796-97 October 23, 2003 - RAYMUNDO A. BAUTISTA v. COMELEC, ET AL.

  • G.R. No. 155692 October 23, 2003 - PHIVIDEC INDUSTRIAL AUTHORITY, ET AL. v. CAPITOL STEEL CORP., ET AL.

  • G.R. No. 155717 October 23, 2003 - ALBERTO JARAMILLA v. COMELEC, ET AL.

  • A.M. No. RTJ-00-1586 October 24, 2003 - THELMA C. BALDADO v. ARNULFO O. BUGTAS

  • G.R. No. 119775 October 24, 2003 - JOHN HAY PEOPLES ALTERNATIVE COALITION, ET AL. v. VICTOR LIM, ET AL.

  • G.R. No. 119847 October 24, 2003 - JENNY ZACARIAS v. NATIONAL POLICE COMMISSION, ET AL.

  • G.R. No. 137597 October 24, 2003 - PEOPLE OF THE PHIL. v. JASON S. NAVARRO, ET AL.

  • G.R. No. 141615 October 24, 2003 - MAC ADAMS METAL ENGINEERING WORKERS UNION-INDEPENDENT, ET AL. v. MAC ADAMS METAL ENGINEERING, ET AL.

  • G.R. No. 144439 October 24, 2003 - SOUTHEAST ASIA SHIPPING CORP. v. SEAGULL MARITIME CORP., ET AL.

  • G.R. No. 148120 October 24, 2003 - RODRIGO QUIRAO, ET AL. v. LYDIA QUIRAO, ET AL.

  • G.R. No. 148597 October 24, 2003 - GRACE F. MUNSAYAC-DE VILLA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 152285 October 24, 2003 - PEOPLE OF THE PHIL. v. JOSE OBESO

  • G.R. Nos. 152589 and 152758 October 24, 2003 - PEOPLE OF THE PHIL. v. ANTONIO MENDOZA

  • G.R. No. 153828 October 24, 2003 - LINCOLN L. YAO v. NORMA C. PERELLO, ET AL.

  • G.R. No. 139181 October 27, 2003 - PEOPLE OF THE PHIL. v. JIMMY AQUINO

  • G.R. No. 143817 October 27, 2003 - PEOPLE OF THE PHIL. v. ALEJANDRO BAJAR

  • A.C. No. 5829 October 28, 2003 - DANIEL LEMOINE v. AMADEO E. BALON, JR.

  • A.M. No. P-02-1581 October 28, 2003 - MA. CORAZON M. ANDAL v. NICOLAS A. TONGA

  • G.R. No. 134563 October 28, 2003 - PEOPLE OF THE PHIL. v. FRANCISCO DALA

  • G.R. No. 138933 October 28, 2003 - PEOPLE OF THE PHIL. v. JERRYVIE D. GUMAYAO

  • G.R. No. 150540 October 28, 2003 - DIMALUB P. NAMIL, ET AL. v. COMELEC, ET AL

  • G.R. No. 155206 October 28, 2003 - GSIS v. EDUARDO M. SANTIAGO

  •  





     
     

    G.R. No. 119847   October 24, 2003 - JENNY ZACARIAS v. NATIONAL POLICE COMMISSION, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. No. 119847. October 24, 2003.]

    JENNY ZACARIAS, Petitioner, v. NATIONAL POLICE COMMISSION, represented by Acting Vice Chairman & Executive Officer Guillermo P. Enriquez, NATIONAL APPELLATE BOARD (Second Division), represented by Commissioner Edgar Dula Torres and the CHIEF, PHILIPPINE NATIONAL POLICE, Respondent.

    D E C I S I O N


    SANDOVAL-GUTIERREZ, J.:


    Before us is a petition for review on certiorari assailing the Decision 1 and Resolution 2 of the Court of Appeals in CA-G.R. SP No. 31407, "Jenny Zacarias, Petitioner, v. National Police Commission, Et Al., Respondents." chanrob1es virtua1 1aw 1ibrary

    The facts of this case as culled from the records are as follows:chanrob1es virtual 1aw library

    Sometime in June 1987, Jenny Zacarias, Petitioner, then a member of the Western Police District Command, Manila, was detailed at the Anti-Kidnapping Task Force, Criminal Investigation Service Command (CISC), Philippine National Police (PNP), Camp Crame, Quezon City. 3

    On November 5, 1991, Chief Inspector Ruben Zacarias, then Chief, Intelligence and Operations of the Anti-Kidnapping Task Force, issued an order assigning petitioner to be on duty at the Office of the Special Team, also of the Anti-Kidnapping Task Force. Detained there were Alfredo "Joey" de Leon, suspected commander of the notorious "Red Scorpion Group" charged with kidnapping with ransom cases, 4 and Nicanor Attractivo who was charged with robbery and homicide.

    At around 9:00 o’clock in the morning of November 8, 1991, the two detainees escaped while in the custody of petitioner, then the outgoing guard on duty. 5

    Immediately, the Police Inspector General conducted an investigation. Petitioner’s version of the incident is that at about 9:00 o’clock in the morning of November 8, 1991, before he went to the comfort room, he saw detainee Alfredo de Leon lying inside the room adjacent to the Office of the Special Team. When he returned to his office after two to three minutes, the two detainees were no longer around. Petitioner immediately searched the premises but to no avail. He informed SPO2 Matammu, the incoming duty guard, about it. They then reported the matter to Senior Inspector Gil Menesses who immediately formed a team to locate the two detainees. But still, they could not be found. 6

    SPO2 Romeo Matammu gave his sworn statement, confirming that when he arrived at the Office of the Special Team at about 9:00 o’clock in the morning of November 8, 1991, as the incoming duty guard, petitioner informed him that the two detainees escaped. He immediately drove his jeep around the camp and searched for them, but they could not be found. 7

    The Police Inspector General found that "the escape was an outcome of the laxity and non-performance of official duty of outgoing duty guard SPO3 Jenny Zacarias when the latter did not padlock the room where the detainees were temporarily detained before going to the comfort room. . . .." 8 Accordingly, the Police Inspector General recommended that petitioner be summarily dismissed from the service pursuant to Section 42 of Republic Act No. 6975. 9

    Consequently, petitioner was administratively charged with neglect of duty, inefficiency and incompetence in the performance of his duties.chanrob1es virtua1 1aw 1ibrary

    On December 4, 1991, the Chief of the PNP, acting upon the Inspector General’s recommendation, rendered a decision dismissing summarily from the service petitioner effective on the same day. 10

    On appeal, docketed as NAB SD Case No. 2-92-007, the National Appellate Board (NAB) of the NAPOLCOM affirmed the PNP Chief’s decision. The NAB held that on the basis of the evidence on hand, petitioner is guilty as charged.

    Petitioner filed a motion for reconsideration but was denied by the NAB.

    Petitioner then filed with the Court of Appeals a petition for certiorari, docketed as CA-G.R. SP No. 31407. In its Decision 11 dated April 28, 1994, the Appellate Court dismissed the petition which, in effect, upheld petitioner’s summary dismissal from the service. It ruled that "the laxity and inefficiency of petitioner as the police guard on duty, resulting in the escape from his custody of Alfredo de Leon, the notorious leader of the Red Scorpion Group, constitutes ‘conduct unbecoming an officer and a gentleman’ which, under paragraph (c) of Section 42 of the PNP Law, is a ground for summary dismissal." 12

    Petitioner filed a motion for reconsideration but it was denied.

    Petitioner now comes to us via the instant petition for review on certiorari. Essentially, he ascribes to the Court of Appeals the following errors:chanrob1es virtual 1aw library

    I


    RESPONDENT COURT OF APPEALS ERRED IN HOLDING THAT ADMINISTRATIVE OFFENSES OF NEGLECT OF DUTY OR INEFFICIENCY OR INCOMPETENCE IN THE PERFORMANCE OF OFFICIAL DUTIES CONSTITUTE CONDUCT UNBECOMING OF A POLICE OFFICER WHICH MAY BE THE PROPER GROUND FOR SUMMARY DISMISSAL FROM THE SERVICE UNDER SECTION 42, R.A. 6975; AND

    II


    RESPONDENT COURT OF APPEALS ERRED IN NOT CONCLUDING THAT PETITIONER WAS DENIED DUE PROCESS. 13

    The Solicitor General, in his comment, 14 disputes petitioner’s claims and prays that the petition be dismissed for lack of merit.chanrob1es virtua1 1aw 1ibrary

    The summary dismissal of petitioner by the PNP Chief and the NAB was anchored on Section 42 of R.A. 6975 which provides:jgc:chanrobles.com.ph

    "SEC. 42. Summary Dismissal Powers of the PNP Chief and Regional Directors. — The Chief of the PNP and Regional Directors, after due notice and summary hearings, may immediately remove or dismiss any respondent PNP member in any of the following cases:chanrob1es virtual 1aw library

    (a) When the charge is serious and the evidence of guilt is strong;

    (b) When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges; and

    (c) When the respondent is guilty of conduct unbecoming of a police officer." (Emphasis supplied)

    The Court of Appeals, in its assailed Decision, cited Section 3 of NAPOLCOM Memorandum Circular No. 92-006 promulgated on August 6, 1992 defining the causes for summary dismissal of erring PNP members, thus:jgc:chanrobles.com.ph

    "Section 3. Causes for Summary Dismissal. —Any of the following can be a cause/reason for summary dismissal of any PNP member:chanrob1es virtual 1aw library

    A. When the charge is serious and the evidence of guilt is strong.

    x       x       x


    B. When the respondent is a recidivist or has been repeatedly charged and there are reasonable grounds to believe that he is guilty of the charges.

    x       x       x


    C. When the respondent is guilty of conduct unbecoming of a police officer.cralaw : red

    ‘Conduct unbecoming of a police officer’ refers to any behavior or action of a PNP member, irrespective of rank, done in his official capacity, which, in dishonoring or otherwise disgracing himself as a PNP member, seriously compromises his character and standing as a gentleman in such a manner as to indicate his vitiated or corrupt state of moral character; it may also refer to acts or behavior with any PNP member in an unofficial or private capacity which is dishonoring or disgracing himself personally as a gentleman, seriously compromises his position as a PNP member and exhibits himself as morally unworthy to remain as a member of the organization." 15 (Emphasis supplied)

    Petitioner contends that the charges of neglect of duty, inefficiency and incompetence in the performance of official duties against him cannot be classified under any of the three cases enumerated above. Hence, the Chief of the PNP and the NAB cannot dismiss him summarily from the service.

    Webster defines "unbecoming" conduct as "improper" performance. Such term "applies to a broader range of transgressions of rules not only of social behavior but of ethical practice or logical procedure or prescribed method." 16

    Obviously, the charges of neglect of duty, inefficiency and incompetence in the performance of official duties fall within the scope of conduct unbecoming a police officer. Thus, we agree with the Court of Appeals when it ruled:jgc:chanrobles.com.ph

    "Even assuming that the charge against petitioner is not serious within the contemplation of paragraph (a) of Section 42 above quoted, or that he is not a recidivist within the context of paragraph (b), he could nonetheless fall within the ambit of paragraph (c) thereof, in that, because of his laxity and inefficiency in the performance of his duties, he is guilty of conduct unbecoming of a police officer." 17 (Emphasis supplied)

    We thus hold that under Section 42 of R.A. 6795 and Section 3 of NAPOLCOM Memorandum Circular No. 92-006 the summary dismissal of petitioner from the service is in order. And, under Section 8 of Memorandum Circular No. 92-006, such dismissal from the service is immediately executory, thus:jgc:chanrobles.com.ph

    "The decision of the PNP Summary Dismissal Authorities imposing upon respondent a penalty of dismissal from the service shall be immediately executory. However, in the event that the respondent is exonerated on appeal, he shall be considered as having been under suspension during the pendency of the appeal, with entitlement to back salaries and allowances." (Emphasis supplied)chanrob1es virtua1 1aw 1ibrary

    On petitioner’s contention that he was denied due process, it bears stressing that the Police Inspector General conducted an investigation wherein the petitioner and other witnesses were heard. It was only after the investigation that the Police Inspector General recommended to the PNP Chief that petitioner be dismissed from the service summarily. As held by the NAB in its decision affirming the PNP Chief’s action, Petitioner, by his own declaration, had furnished the evidence against himself, which was duly corroborated by SPO2 Romeo Matammu, then the incoming guard on duty. Consequently, petitioner’s claim that he was denied due process is totally baseless.

    We have consistently held that the essence of due process is simply an opportunity to be heard, or, as applied to administrative proceedings, an opportunity to explain one’s side or an opportunity to seek for a reconsideration of the action or ruling complained of. 18 And any seeming defect in its observance is cured by the filing of a motion for reconsideration. 19 A formal or trial-type hearing is not at all times and in all instances essential. The requirements are satisfied where the parties are afforded fair and reasonable opportunity to explain their side of the controversy at hand. 20 What is frowned upon is the absolute lack of notice and hearing. There is no denial that the essence of due process was sufficiently complied with in the present case.

    In conclusion, we rule that the Court of Appeals did not err in upholding petitioner’s summary dismissal from the service. We quote with approval its finding, thus:jgc:chanrobles.com.ph

    "As for petitioner’s plea that we take another hard look into the National Appellate Board’s decision affirming the former’s summary dismissal from the service, we reiterate the well-ensconced rule that the findings of fact of administrative bodies, if based on substantial evidence, are controlling on the reviewing authority (Jaculina v. NAPOLCOM, 200 SCRA 489).

    "Substantial evidence has been defined to be —

    ‘. . . such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, and its absence is not shown by stressing that there is contrary evidence on record, direct or circumstantial, for the appellate court cannot substitute its own judgment or criterion for that of the (administrative body) in determining where lies the weight of evidence or what evidence is entitled to belief (Velasquez v. Nery, 211 SCRA 28, 34–35, citing Picardal v. Lladas, 21 SCRA 1483).’chanrob1es virtua1 1aw 1ibrary

    "Accordingly, it is not for us to substitute our own judgment for that of the National Appellate Board on the sufficiency of the evidence and credibility of witnesses (Asst. Executive Secretary for Legal Affairs of the Office of the President v. Court of Appeals, 169 SCRA 27). Administrative decisions of administrative agencies performing quasi-judicial functions within their jurisdiction are entitled to respect and can only be set aside on proof of grave abuse of discretion, fraud, or error of law (Dadubo v. Civil Service Commission and DBP, G.R. No. 106498, June 28, 1993). We see none of these vices in the present case."cralaw virtua1aw library

    WHEREFORE, the petition is DENIED.

    SO ORDERED.chanrob1es virtua1 1aw 1ibrary

    Puno, Panganiban, Corona and Carpio Morales, JJ., concur.

    Endnotes:



    1. Penned by Justice Ricardo P. Galvez (former Solicitor General, now retired), with Justices Alfredo L. Benipayo (now Solicitor General) and Bernardo LI. Salas (retired), concurring; Rollo at 70–77.

    2. Rollo at 88–91.

    3. Petition, Rollo at 9.

    4. Id. at 9–10, 32.

    5. Id. at 10, 32.

    6. Rollo at 32–33.

    7. Id. at 34.

    8. Id.

    9. "AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES."cralaw virtua1aw library

    10. Annex "D" of Petition, Rollo at 31, 34.

    11. Annex "H" of Petition, Rollo at 69–77.

    12. Rollo at 88.

    13. Petition, Rollo at 12–13.

    14. Rollo at 111–122.

    15. Rollo at 72–74.

    16. Webster’s New Collegiate Dictionary, 1971 at 426, 964.

    17. Rollo at 74.

    18. Stayfast Philippines Corp. v. NLRC, G.R. No. 81480, February 9, 1993, 218 SCRA 596; Villareal v. Court of Appeals, G.R. No. 97505, March 1, 1993, 219 SCRA 293; Philippine Phosphate Fertilizer Corp. v. Torres, G.R. No. 98050, March 17, 1994, 231 SCRA 335.

    19. Abalos v. Civil Service Commission, G.R. No. 95861, April 19, 1991, 196 SCRA 81; PNOC-Energy Development Corp. v. NLRC, G.R. No. 79182, September 11, 1991, 201 SCRA 487.

    20. Stayfast Philippines Corp. v. NLRC, supra, citing Llora Motors, Inc. v. Drilon, 179 SCRA 175.

    G.R. No. 119847   October 24, 2003 - JENNY ZACARIAS v. NATIONAL POLICE COMMISSION, ET AL.


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