TORRES v. DE LEON RULING: Petition DENIED. CA AFFIRMED.
January 18, 2016 | Peralta, J. | Misc.
Digester: Bea, Alexis Petitioner: CA decision erred because CSC has no appellate jurisdiction SUMMARY: Petitioner was suspended by Torres pursuant to an o Court has already formerly decided that PNRC is not a audit report. The suspension was for one month and she was GOCC, hence it has no jurisdiction or authority to ordered to be transferred to the National Headquarters. She filed review the appeal. a notice of appeal to PNRC through the CSC and furnished a copy De Leon had no intention to dismiss her from service and it had to the CSC. CSC dismissed. Petitioner is assailing the jurisdiction no right to modify the same or terminate her from the service of the CSC in this case because PNRC is not a GOCC. without any authority. The comment (initiatory pleading) filed by the Kapunan Lotilla DOCTRINE: PNRC is not a GOCC but is sui generis in character. Flores Garcia and Castillo Law Firm in behalf of the It is a National Society which is officially recognized by public respondents is neither verified nor accompanied by a authorities as voluntary aid societies, auxiliary to the public certification against forum shopping. authorities but also recognized in the international level. It is considered to be the government’s humanitarian partner while Whether or not CSC has appellate jurisdiction over the case remaining independent. —YES Liban, et al. v. Gordon: the PNRC, although not a GOCC, is sui FACTS: generis in character, thus, requiring this Court to approach Petitioner was then the Chapter Administrator of the PNRC, controversies involving the PNRC on a case-to-case basis. General Santos City Chapter. o “A closer look at the nature of the PNRC would show The PNRC Internal Auditing Office conducted an audit of the that there is none like it not just in terms of structure, funds and accounts of the PNRC, General Santos City Chapter but also in terms of history, public service and official (November 6, 2002 to March 14, 2006) status accorded to it by the State and the international o Audit report submitted to De Leon: petitioner community. There is merit in PNRC's contention that its incurred a "technical shortage" in the amount of structure is sui generis.” P4,306,574.23. National Societies such as the PNRC act as auxiliaries to the De Leon formally charged petitioner with Grave Misconduct for public authorities of their own countries in the humanitarian violating PNRC Financial Policies on Oversubscription, field and provide a range of services including disaster relief Remittances and Disbursement of Funds. and health and social programmes. o Resulted in one month suspension of petitioner and o National Societies, such as the Philippine National Red transfer to National Headquarters. Cross and its sister Red Cross and Red Crescent Petitioner filed MR but was denied. Societies, have certain specificities deriving from the Petitioner filed a Notice of Appeal addressed to the Board of 1949 Geneva Convention and the Statutes of the Governors of the PNRC through respondent and furnished a International Red Cross and Red Crescent Movement copy thereof to the CSC. (the Movement). They are also guided by the seven o Petitioner addressed her appeal memorandum to the Fundamental Principles of the Red Cross and Red CSC and sent copies thereof to the PNRC and the CSC. Crescent Movement: Humanity, Impartiality, Neutrality, CSC: Dismissed petitioner's appeal and imposing upon her the Independence, Voluntary Service, Unity and penalty of dismissal from service. Petitioner filed MR with the Universality. CSC, but the same was denied. A National Society partakes of a sui generis character. CA: Also denied the appeal. It is a protected component of the Red Cross movement under Hence, this petition. Articles 24 and 26 of the First Geneva Convention, especially in times of armed conflict. o These provisions require that the staff of a National questioned or challenged on constitutional grounds, not even Society shall be respected and protected in all in this case before the Court now. circumstances. Such protection is not ordinarily afforded by an international treaty to ordinary private PNRC distinguished from private and profit-making entities or even non-governmental organizations activities. (NGOs). This sui generis character is also emphasized by the Fourth By requiring the PNRC to organize under the Geneva Convention which holds that an Occupying Power Corporation Code just like any other private corporation, cannot require any change in the personnel or structure of a the Decision of July 15, 2009 lost sight of the PNRC's National Society. National societies are therefore organizations special status under international humanitarian law and that are directly regulated by international humanitarian law, as an auxiliary of the State, designated to assist it in in contrast to other ordinary private entities, including NGOs. discharging its obligations under the Geneva Conventions. National Societies are not only officially recognized by their o Although the PNRC is called to be independent under public authorities as voluntary aid societies, auxiliary to the its Fundamental Principles, it interprets such public authorities in the humanitarian field, but also benefit independence as inclusive of its duty to be the from recognition at the International level. This is considered government's humanitarian partner. to be an element distinguishing National Societies from o To be recognized in the International Committee, the other organizations (mainly NGOs) and other forms of PNRC must have an autonomous status, and carry out humanitarian response. its humanitarian mission in a neutral and impartial No other organization belongs to a world-wide Movement in manner. which all Societies have equal status and share equal It is the main characteristic of National Societies that they "are responsibilities and duties in helping each other. This is not inspired by the desire for financial gain but by individual considered to be the essence of the Fundamental Principle of commitment and devotion to a humanitarian purpose freely Universality. chosen or accepted as part of the service that National Societies through its volunteers and/or members render to the On its role as an auxiliary to the public authorities. Community." o The auxiliary status of a Red Cross Society means that it As applied: The PNRC, as a National Society of the is at one and the same time a private institution and a International Red Cross and Red Crescent Movement, can public service organization because the very nature of neither "be classified as an instrumentality of the State, so as its work implies cooperation with the authorities, a link not to lose its character of neutrality" as well as its with the State. independence, nor strictly as a private corporation since it is o In carrying out their major functions, Red Cross regulated by international humanitarian law and is treated as Societies give their humanitarian support to official an auxiliary of the State. bodies, in general having larger resources than the Based on the above, the sui generis status of the PNRC is now Societies, working towards comparable ends in a given sufficiently established. sector. Although it is neither a subdivision, agency, or instrumentality No other organization has a duty to be its government's of the government, nor a government-owned or -controlled humanitarian partner while remaining independent. corporation or a subsidiary thereof, so much so that It is in recognition of this sui generis character of the PNRC respondent, under the Decision, was correctly allowed to hold that R.A. No. 95 has remained valid and effective from the time his position as Chairman thereof concurrently while he served of its enactment in March 22, 1947 under the 1935 as a Senator, such a conclusion does not ipso facto imply Constitution and during the effectivity of the 1973 Constitution that the PNRC is a "private corporation" within the and the 1987 Constitution. contemplation of the provision of the Constitution, that must be The PNRC Charter and its amendatory laws have not been organized under the Corporation Code. As correctly mentioned by Justice Roberto A. Abad, the sui served the sentence of one month suspension and transfer of generis character of PNRC requires us to approach assignment before her counsel filed the notice of appeal, controversies involving the PNRC on a case-to-case basis. hence, the decision of the PNRC was already final even before a notice of appeal was filed with the CSC. CA did not err in ruling that CSC has jurisdiction over PNRC The CA was correct in finding that petitioner's appeal was CA did not err in ruling that the CSC has jurisdiction over the properly and timely made with the CSC under the Uniform PNRC because the issue at hand is the enforcement of labor Rules on Administrative Cases in the Civil Service (URACCS). laws and penal statutes, thus, in this particular matter, the It ruled: PNRC can be treated as a GOCC, and as such, it is within the o As enunciated in the cases cited by petitioner, a decision ambit of Rule I, Section 1 of the IRR of RA Act 6713 becomes final even before the lapse of the fifteen-day o Section 1. These Rules shall cover all officials and period to appeal when the defendant voluntarily submits employees in the government, elective and appointive, to the execution of the sentence. In the present case, permanent or temporary, whether in the career or non- however, it cannot be said that she voluntarily career service, including military and police personnel, served her penalty in view of the fact that she whether or not they receive compensation, regardless of appealed therefrom. Moreover, the service of the amount. penalty is pursuant to Section 47 of the Uniform Thus, having jurisdiction over the PNRC, the CSC had authority Rules on Administrative Cases in the Civil Service to modify the penalty and order the dismissal of petitioner from (URACCS) which reads: the service. Section 47. Effect of filing. - An appeal shall not Under the Administrative Code of 1987, as well as decisions of stop the decision from being executory, and in this Court, the CSC has appellate jurisdiction on case the penalty is suspension or removal, the administrative disciplinary cases involving the imposition respondent shall be considered as having been of a penalty of suspension for more than thirty (30) days, under preventive suspension during the or fine in an amount exceeding thirty (30) days salary. pendency of the appeal, in the event he wins the In the instant case, although the decision appealed from states appeal. that Torres was imposed the penalty of "one month" suspension Petitioner: Notice of Appeal and Appeal Memorandum were from the service, it is unequivocally spelled out therein that the filed with the PNRC NOT CSC period of her suspension is from July 1-31, 2007." Court: Nope. Section 43 of the URACCS pertinently provides: This specifically written period unmistakably indicates that o A notice of appeal including the appeal memorandum Torres was actually imposed the penalty of thirty-one (31) days shall be filed with the appellate authority, copy and not merely thirty (30) days or one (1) month. furnished the disciplining office. The latter shall submit Petitioner: Actual duration of the period of her suspension the records of the case, which shall be systematically was only thirty (30) days since July 1, 2007 was a legal holiday, and chronologically arranged, paged and securely it being a Sunday. bound to prevent loss, with its comment, within fifteen Court: LOL NO. She was imposed the penalty of "One Month (15) days, to the appellate authority. Suspension effective July 1-31, 2007" or for a period of thirty- An examination of the Notice of Appeal shows that the same one (31) days. was addressed to the PNRC and copy furnished the CSC. o Even granting that petitioner was imposed the penalty On the other hand, an examination of the Appeal Memorandum of suspension for thirty (30) days only, it should be shows that the same was addressed to the CSC and copies noted that she was also imposed another penalty of thereof were sent to both the PNRC and the CSC. "Transfer to the NHQ effective August 01, 2007." It is thus clear that a copy of the Notice of Appeal was Hence, the CSC would still have appellate jurisdiction. furnished the CSC and the Appeal Memorandum was filed with Neither can it be considered that the CSC had lost its appellate it. jurisdiction because, as claimed by petitioner, she voluntarily While the rules required that the notice of appeal including the appeal memorandum shall be filed with the CSC, it is undeniable that furnishing a copy of the Notice of Appeal with the CSC and filing with it the Appeal Memorandum substantially complied with the rule. The important thing is that the Appeal Memorandum was clearly addressed to the CSC.
RE: Procedural requirements
Inconsequential because a comment is not an initiatory pleading but a responsive pleading. [T]he required certification against forum shopping is intended to cover an "initiatory pleading," meaning an "incipient application of a party asserting a claim for relief." A comment, required by an appellate tribunal, to a petition filed with it is not a pleading but merely an expression of the views and observations of the respondent for the purpose of giving the court sufficient information as to whether the petition is legally proper as a remedy to the acts complained of.