FIRST DIVISION
[G.R. No. 219083. August 26, 2015.]
RONNIE B. PAGAL, petitioner, vs. ESTER B. OGENA, PH.D., IN HER CAPACITY AS THE PRESIDENT AND BOARD OF REGENT VICE-CHAIRPERSON, PHILIPPINE NORMAL UNIVERSITY, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 26, 2015 which reads as follows:
"G.R. No. 219083 (Ronnie B. Pagal v. Ester B. Ogena, Ph.D., in her capacity as the President and Board of Regent Vice-Chairperson, Philippine Normal University).
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the December 5, 2014 Decision 1 and June 26, 2015 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 132291 for failure of petitioner Ronnie B. Pagal (petitioner) to sufficiently show that the CA committed any reversible error in upholding the May 28, 2013 Decision 3 and September 17, 2013 Resolution 4 of the Civil Service Commission (CSC), finding him to have been accorded his right to due process, and confining the resolution of his appeal to the propriety of his preventive suspension.
As correctly ruled by the CA, petitioner was not deprived of due process, since it was undisputed that the formal charge was issued after respondent Philippine Normal University had conducted a preliminary/fact-finding investigation. Moreover, records show that he was able to file his Answer to the said formal charge, thereby negating his claim of denial of due process. On another front, since the appeal filed by petitioner before the CSC was based on Section 28, 5 Rule 7 of the Revised Rules on Administrative Cases in the Civil Service, which is confined to the propriety of a preventive suspension, any ruling by the CSC on the merits of the case, pending the conclusion of the formal investigation, would be premature and without jurisdiction. CAIHTE
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 26-37. Penned by Associate Justice Socorro B. Inting with Associate Justices Jose C. Reyes, Jr. and Eduardo B. Perlata, Jr. concurring.
2. Id. at 50-51.
3. Id. at 161-166. Signed by Commissioners Robert S. Martinez and Commissioner Nieves L. Osorio; Chairman Francisco T. Duque III, on leave.
4. Id. at 71-76. Signed by Commissioner Nieves L. Osorio, Chairman Francisco T. Duque III, and Commissioner Robert S. Martinez concurring.
5. Section 28. Remedies from the Order of Preventive Suspension. — The respondent may file an appeal to the Commission within fifteen (15) days from receipt thereof. Pending appeal, the same shall be executory. A motion for reconsideration from the order of preventive suspension shall not be allowed.