FIRST DIVISION
[UDK-16196. July 11, 2018.]
GEORGE B. CANSANCIO, petitioner,vs. CIVIL SERVICE COMMISSION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 11, 2018which reads as follows: HTcADC
"UDK-16196 (George B. Cansancio v. Civil Service Commission). — Prefatorily, the Court notes that petitioner George B. Cansancio failed to pay the full amount of the required docket and legal fees, in violation of Section 3, 1 Rule 45 of the Rules of Court. This warrants dismissal of the present appeal pursuant to Section 5 2 of Rule 45.
Even on the merits, the Court resolves to deny the petition for review on certiorari for petitioner's failure to show that the Court of Appeals (CA) committed any reversible error.
The CA correctly ruled that petitioner was not deprived of due process as he was given an opportunity to be heard and to adduce evidence in support of his defense. Moreover, there was substantial evidence in the form of the drug test reports to sustain the finding that petitioner tested positive for the use of "shabu," a grave misconduct punishable by dismissal from the service. Lastly, both the CA and the Civil Service Commission properly relied on the scientific analysis and explanation of the Philippine Drug Enforcement Agency to rule out petitioner's excuse that the "false positive" findings from his test was a result of his Clarinase and Concerta intake days before the surprise drug examination.
The Court finds no reason to disturb the findings of the CA. The decisions of the CSC and the CA must, therefore, be sustained. aScITE
WHEREFORE, the petition is DENIED. The assailed Decision dated September 7, 2017 and Resolution dated April 2, 2018 of the Court of Appeals in CA-G.R. SP No. 09117 are AFFIRMED.
The Court of Appeals is DELETED as party respondent in this case pursuant to Sec. 4, Rule 45, 1997 Rules of Civil Procedure, as amended; and the Civil Service Commission, Region VIII-Cebu City and/or Philippine Drug Enforcement Agency Internal Affairs Service are IMPLEADED as party respondents to this case.
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. Sec. 3. Docket and other lawful fees; proof of service of petition. — Unless he has therefore done so, the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court and deposit the amount of P500.00 for costs at the time of the filing of the petition. Proof of service of a copy thereof on the lower court concerned and on the adverse party shall be submitted together with the petition.
2. Sec. 5. Dismissal or denial of petition. — The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.
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