Administrative Law
CASE DIGEST NO.1
Name: Placido C. Peroy III CYS BLSM 3A
T Civil Service Commission vs. Henry A. Sojor (G.R. No. 169241)
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T CSC jurisdiction over all civil service employees
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a Henry A. Sojor was appointed as President of Central Visayas Polytechnic College
ct (CVPC) initially by President Corazon Aquino in 1991, and subsequently by the
s Board of Trustees (BOT) of CVPC under the Higher Education Modernization Act
of 1997, for two successive four-year terms ending on September 24, 2006. CVPC
was later converted into Negros Oriental State University (NORSU) governed by a
Board of Regents (BOR). Subsequently, three separate administrative cases were
filed against Sojor involving accusations of dishonesty, grave misconduct, conduct
prejudicial to the best interest of the service, falsification of documents, and
nepotism.
Sojor challenged CSC’s jurisdiction over him, filing motions to dismiss the
complaints on grounds including lack of jurisdiction, prior judgment, and forum
shopping, arguing that as a presidential appointee he fell under the jurisdiction of
the Office of the President.
CSC-RO No. VII denied Sojor’s motions and later issued formal charges against
him, which Sojor appealed to the CSC proper. The CSC ruled in favor of
jurisdiction, rejecting Sojor’s claims in Resolutions dated March 30, 2004, and
July 6, 2004, including preventive suspension of 90 days for Sojor.
Sojor petitioned the Court of Appeals (CA), which issued a preliminary injunction,
later annulling the CSC resolutions on grounds that the BOT possessed the
exclusive power to discipline him under R.A. No. 9299.
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s Does the CSC have jurisdiction over the President of NORSU, despite his
s appointment by the BOT, and not directly by the President of the Philippines?
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li The Supreme Court reversed the Court of Appeals’ decision and reinstated the
n CSC’s resolutions, holding that:
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Jurisdiction of CSC:
1. **Constitutional and Legal Jurisdiction**: The CSC has general
jurisdiction over all civil service employees, including non-career positions
such as the President of a state university appointed by the BOT. The
respondent, thus, falls under CSC’s jurisdiction irrespective of his
appointment by the BOT, debunking claims of exclusive jurisdiction by the
BOT/BOR.
Power to Discipline and Remove Under R.A. No. 9299:
2. **Concurrent Jurisdiction**: Although the BOR has the power to discipline and
remove officials and employees, this power is not exclusive. The CSC retains
concurrent disciplinary jurisdiction owing to its authority over all civil service
positions as per the Administrative Code of 1987 and pertinent civil service rules.
