ADIONG v CA
FACTS
Mayor Batua issued a permit appointment to Nasiba Nuska to the position of Local Register. It was approved by the CSC. On June 30, 1995, Mayor Adiong issued a memorandum ordering all municipal employees of the termination of their appointment and directing them to clear themselves from money and property accountabilities. This was followed up by another memorandum clarifying that the mass termination only applies to temporary or casual workers and requiring those holding permanent appointment to submit copies of their appointments. Nuska’s failure to submit a copy of her appointment coupled with her failure to make a courtesy call to Adiong as the new mayor resulted to the termination of her services and Adiong appointed Samporna in her stead. Nuska wrote Adiong requesting for her reinstatement and payment of salaries but the mayor failed to act on her request. The CSC issued a resolution ordering Nuska’s reinstatement.
ISSUE
Whether the termination of Nuska’s reinstatement was proper .
HELD
Nuska had a permanent appointment to the position of municipal civil registrar. She enjoyed security of tenure as guaranteed by law. Nuska is entitled to the benefits, rights and privileges extended to those belonging to the classified service. She could not be removed or dismissed from service without just cause and observing the requirements of due process. Failure to make a courtesy call to one’s superior is not an offense much less a ground to terminate employment. Failure to submit her appointment papers is not a cause for outright dismissal. Failure to report to work does not tantamount to abandonment because she did not resign and in fact requested for her reinstatement. Although she was physically absent in the office premises, she had an intention to return. Nuska’s failure to perform her duties was involuntary. There were no just causes for terminating her employment and assuming there were, still it was illegal because it was done without compliance of due process. The essence of due process is simply an opportunity to be heard or as applied to administrative proceedings, an opportunity to seek reconsideration of the action or rule complained of. It does not connote full adversarial proceedings. Nuska is entitled to reinstatement and backwages.
