FIRST DIVISION
[G.R. No. 232909. November 20, 2017.]
GERSON F. SALVAN, petitioner,vs. AZUCENA P. HUERVAS, CITY MAYOR, VALENCIA CITY, BUKIDNON, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedNovember 20, 2017, which reads as follows: ATICcS
"G.R. No. 232909 (Gerson F. Salvan v. Azucena P. Huervas, City Mayor, Valencia City, Bukidnon)
The Court resolves to DENY the petition and AFFIRM the Court of Appeals (CA) Decision dated April 24, 2017 and Resolution dated June 29, 2017 in CA-G.R. SP No. 06902-MIN. The CA Decision dated April 24, 2017 affirming the Civil Service Commission (CSC) Decision dated April 8, 2015 had already attained finality in view of petitioner Gerson F. Salvan's failure to file a motion for reconsideration within the 15-day reglementary period to file the same. Thus, the remedy of review before this Court had already been lost.
In addition, the petition suffers from other technical infirmities: (1) it lacks a verified statement as to the date of filing of motion for reconsideration; and (2) the verification of the petition is based on "personal knowledge and belief."
In any event, the petitioner also failed to sufficiently show that the CA committed any reversible error in affirming the CSC's April 8, 2015 Decision finding petitioner guilty of gross neglect of duty and meeting the penalty of dismissal from service. As correctly found by the CA, the CSC's Decision was supported by substantial evidence. Where the findings of the administrative body are amply supported by substantial evidence, such findings are accorded not only respect but also finality by this Court. It is not for the reviewing court to weigh the conflicting evidence, determine the credibility of witnesses, or otherwise substitute its own judgment for that of the administrative agency. In this case, there is no cogent reason to deviate from this rule.
The Cash Collection and Disbursement Division is DIRECTED to RETURN to the petitioner the excess payment for the legal fees in the amount of P270.00 under O.R. No. 0190377-SC-EP dated August 9, 2017.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court