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DEPARTMENT OF EDUCATION vs. GODOFREDO G. CUANANG.R. No. 169013 December 16, 2008 AUSTRIA-MARTINEZ, J .

Facts:

On March 11, 1996, Luzviminda Borja and Juliana Castro, on behalf of their respective minordaughters, Lily Borja and Charo Castro, filed before the Department of Education, Culture andSports two separate administrative complaint s 3 for Sexual Harassment and Conduct Unbecoming aPublic Officer against Cuanan, then Principal of Lawang Kupang Elementary School in San Antonio,Nueva Ecija.

The Investigating Committee submitted its Investigation Repor t4 dated December 14, 1999, findingCuanan guilty of sexual harassment and recommending his forced resignation without prejudice tobenefits. In a Decision 5 dated January 28, 2000, Regional Director Labrador concurred in thefindings of the Investigating Committee and meted out the penalty of forced resignation to Cuananwithout prejudice to benefits.

Then DepEd Secretary Andrew Gonzales affirmed the Decision of Regional Director Labrador. OnMay 30, 2000, Cuanan filed a Petition for Reconsideratio n 7 thereof, but the same was denied for lackof merit by Secretary Gonzales in a Resolution 8 dated June 19, 2000.

Cuanan elevated his case to the CSC. On January 20, 2003, the CSC issued Resolution No.030069 ,9 which set aside the June 19, 2000 Resolution of Secretary Gonzales and exoneratedCuanan from the charge of sexual harassment.

On April 11, 2003, then DepEd Secretary Edilberto C. de Jesus filed a Petition forReview/Reconsideratio n18 with the CSC. No copy of the pleading was served upon Cuanan.

On July 29, 2003, Secretary De Jesus filed a Supplemental Petition for

Review/Reconsideratio n19

reiterating the prayer for reversal of the resolution. Again, no copy of thepleading was served upon Cuanan.

Subsequently, pursuant to Division Special Order No. 001 series of 2003 dated June 18, 2003,Cuanan was reinstated to his former position as school principal effective April 30, 2003 .20 In DivisionSpecial Order No. 285, series of 2003 dated July 8, 2003, Cuanan was directed to return toduty .21 Based thereon, Cuanan requested payment of salaries and his inclusion in the payroll, whichthe Division School Superintendent of Nueva Ecija duly endorsed on November 7, 2003.

However, on October 22, 2004, the CSC issued Resolution No. 041147 23 setting aside CSCResolution No. 030069 dated January 20, 2003. It found Cuanan guilty of Sexual Harassment,Grave Misconduct and Conduct Grossly Prejudicial to the Best Interest of the Service and meted outthe penalty of dismissal from the service with forfeiture of retirement benefits, cancellation of hisservice eligibility, and perpetual disqualification from holding public office. Cuanan received a copy ofthe Resolution on November 9, 2004.

Thirteen days later, or on November 22, 2004, Cuanan filed a petition for certiorar i 25 with the CAseeking to annul Resolution No. 041147, alleging that the CSC should not have entertained thepetition for review/reconsideration since the DepEd was not the complainant or the party adverselyaffected by the resolution; that the petition for review/reconsideration was filed out of time; and that

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Cuanan was not furnished copies of the pleadings filed by the DepEd in violation of procedural dueprocess.

On May 16, 2005, the CA rendered a Decision 26 granting the petition for certiorari and setting asideCSC Resolution No. 041147 dated October 12, 2004.

Issue:

Whether or not Cuanan's right to due process was violated when he was not given a copy of thepleadings filed by the DepEd or given the opportunity to comment thereon.

Held:

Yes. While it is true that administrative tribunals exercising quasi-judicial functions are free from therigidity of certain procedural requirements, they are bound by law and practice to observe thefundamental and essential requirements of due process in justiciable cases presented beforethem .44 The relative freedom of the CSC from the rigidities of procedure cannot be invoked toevade what was clearly emphasized in the landmark case of Ang Tibay v. Cour t of Indus tr ia lRelations : 45 that all administrative bodies cannot ignore or disregard the fundamental andessential requirements of due process.

Furthermore, Section 43.A .46 of the Uniform Rules in Administrative Cases in the Civil Serviceprovides:

Section 43.A. Filing of Supplemental Pleadings. - All pleadings filed by the parties withthe Commission, shall be copy furnished the other party with proof of service filedwith the Commission …

Cuanan undoubtedly was denied procedural due process. He had no opportunity to participate in theproceedings for the petition for review/ reconsideration filed by the DepEd, since no copy of thepleadings filed by the DepEd were served upon him or his counsel; nor was he even required by theCSC to file his comments thereon. Considering that pleadings filed by the DepEd were not servedupon Cuanan, they may be treated as mere scraps of paper which should not have merited theattention or consideration of the CSC.

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ANG TIBAY vs. THE COURT OF INDUSTRIAL RELATIONSG.R. No. L-46496 February 27, 1940 LAUREL, J .

Facts:

The National Labor Union is a labor union working in ANG TIBAY under Toribio Teodoro and itavers the following:

1. Toribio Teodoro's claim that on September 26, 1938, there was shortage of leather soles in ANG TIBAY making it necessary for him to temporarily lay off the members of the NationalLabor Union Inc. is entirely false and unsupported by the records of the Bureau of Customsand the Books of Accounts of native dealers in leather.

2. That the supposed lack of leather materials claimed by Toribio Teodoro was but a scheme tosystematically prevent the forfeiture of this bond despite the breach of his CONTRACT withthe Philippine Army.

3. That the National Worker's Brotherhood of ANG TIBAY is a company or employer uniondominated by Toribio Teodoro, the existence and functions of which are illegal.

4. That the employer Toribio Teodoro was guilty of unfair labor practice for discriminatingagainst the National Labor Union, Inc., and unjustly favoring the National Workers'Brotherhood.

NLU wanted to prove the above-statements by the records of the Bureau of Customs and theBooks of Accounts of native dealers in leather however the exhibits hereto attached are soinaccessible to the respondents that even with the exercise of due diligence they could not beexpected to have obtained them and offered as evidence in the Court of Industrial Relations. Andthat the attached documents and exhibits are of such far-reaching importance and effect that theiradmission would necessarily mean the modification and reversal of the judgment rendered herein.

The respondent National Labor Union, Inc. prays for the vacation of the judgement rendered bythe majority of this Court and the remanding of the case to the Court of Industrial Relations for a newtrial

Issue:

Whether or not the NLU was denied due process when the exhibits attached to the petition to proveTeodoro’s substantial averments" were made inaccessible to the NLU by the Court of IndustrialRelations that even within the exercise of due diligence they could not be expected to have obtainedthem and offered as evidence in the Court of Industrial Relations

Held:

Yes. The Court of Industrial Relations may be said to be free from the rigidity of certain proceduralrequirements does not mean that it can, in justifiable cases before it, entirely ignore or disregard thefundamental and essential requirements of due process in trials and investigations of anadministrative character. There are primary rights which must be respected even in proceedings ofthis character:

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(1) rights is the right to a hearing, which includes the right of the party interested or affectedto present his own case and submit evidence in support thereof.

(2) the tribunal must consider the evidence presented.

(3) the decision has something to support it

(4) the evidence must be "substantial." It means such relevant evidence as a reasonablemind will accept as adequate to support a conclusion."

(5) The decision must be rendered on the evidence presented at the hearing, or at leastcontained in the record and disclosed to the parties affected

(6) The Court of Industrial Relations or any of its judges, therefore, must act on its or hisown independent consideration of the law and facts of the controversy, and not simplyaccept the views of a subordinate in arriving at a decision.

(7) The Court of Industrial Relations should, in all controversial questions, render its decisionin such a manner that the parties to the proceeding can know the various issues involved,and the reasons for the decision rendered. The performance of this duty is inseparable fromthe authority conferred upon it.

By and large, after considerable discussions, we have come to the conclusion that the interest of justice would be better served if the movant is given opportunity to present at the hearing thedocuments referred to in his motion and such other evidence as may be relevant to the main issueinvolved. The legislation which created the Court of Industrial Relations and under which it acts isnew. The failure to grasp the fundamental issue involved is not entirely attributable to the partiesadversely affected by the result. Accordingly, the motion for a new trial should be and the same ishereby granted, and the entire record of this case shall be remanded to the Court of IndustrialRelations, with instruction that it reopen the case, receive all such evidence as may be relevant andotherwise proceed in accordance with the requirements set forth hereinabove