Sherwin T. Gatchalian vs. Romeo V. Urrutia
G.R. No. 223595, March 16, 2022
Facts:
On 3 January 2012, Elizabeth B. Laron lodged a complaint addressed to then Valenzuela Mayor Gatchalian against Urrutia for Sexual Harassment committed on 22 December 2011. Gatchalian constituted the PCEB as the Committee on Decorum and Investigation and later created the Committee on Decorum and Investigation (CODI). While, Urrutia filed a Motion to Dismiss assailing the non-compliance with the Rules on Sexual Harassment Cases by Laron and Mayor Gatchalian.
On 23 March 2012, a formal charge of Sexual Harassment and order of preventive suspension in Adm. Case No. CODI-2012-01 was issued by the Office of the City Mayor.
On 17 May 2012, while the administrative case was pending with the CODI, Urrutia filed a memorandum of appeal with the CSC questioning the creation of the CODI. On 4 July 2012, the CODI found Urrutia liable for sexual harassment and was dismissed from service.
Urrutia filed an appeal with the CSC which granted Urrutia's appeal and found the formal charge and the order of suspension by Gatchalian null and void.
On 11 December 2015, the CA affirmed the CSC ruling.
Issue:
Whether or not the local chief executive has the power to issue a formal charge and a preventive suspension order against an employee of the sangguniang panlungsod for Sexual Harassmaent acts.
Held:
The Petition for Review on certiorari is Granted. The formal charge for Sexual Harassment and order of preventive suspension by petitioner Sherwin T. Gatchalian, former City Mayor of Valenzuela City, against respondent Romeo V. Urrutia, Records Officer IV in the Council Secretariat, Sangguniang Panlungsod of Valenzuela City and Chairman of the Board of Directors of the City Government of Valenzuela City Employees Cooperative, are VALID.
Ratio:
The general rule is that power to appoint carries with it the power to discipline. The exception is when the power to discipline or to remove is expressly vested in another office of authority. In the case at bar, there is a clear contrary statutory provision expressed in the Charter of Valenzuela City which was directly lifted from Section 455 (b)(1)(x) of the Local Government Code of 1991 which provides that the Chief Executive shall "ensure that all executive officials and employees of the city faithfully discharge their duties and functions as provided by law and this Code and cause to be instituted administrative or judicial proceedings against any official or employee of the city who may have committed an offense in the performance of his official duties."
Furthermore, Section 87 of the Local Government Code of 1991 empowers the local chief executive to impose the appropriate penalty on erring subordinate officials and employees under his or her jurisdiction.
Section 7, Rule VI of the Rules on Sexual Harassment Cases specifically provides that a CODI must be constituted in all national or local agencies of the government, state colleges and universities, including GOCCs with the original charter. In the absence of a CODI, the head office or agency shall immediately cause the creation of the CODI in accordance with law and rules.
Fulltext: https://sc.judiciary.gov.ph/28437/
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