The Supreme Court affirmed that individuals who engage in fraudulent activities during civil service examinations, such as impersonating another person, are subject to dismissal from government service. This ruling emphasizes the importance of honesty and integrity in the civil service and underscores the Civil Service Commission’s authority to ensure the sanctity of its examinations. It serves as a warning that any form of dishonesty in the examination process will be dealt with severely, protecting the integrity of public service.

When a False Face Leads to a Fallen Career

This case revolves around Gilda G. Cruz and Zenaida C. Paitim, two government employees. Paitim was accused of impersonating Cruz during a civil service examination. The Civil Service Commission (CSC) investigated the matter and found them guilty of dishonesty, leading to their dismissal. The central legal question is whether the CSC had the jurisdiction to hear the case and whether the petitioners’ right to due process was violated.

The controversy began with a letter to the CSC from a private individual, Carmelita B. Esteban, alleging that Zenaida C. Paitim impersonated Gilda Cruz during the July 30, 1989, career civil service examination in Quezon City. Acting on this information, the CSC initiated an investigation. The investigation involved comparing photographs and signatures from various civil service examinations taken by Cruz. This comparison revealed discrepancies suggesting that someone else had taken the examination on Cruz’s behalf.

Based on these findings, a formal charge was filed against Cruz and Paitim for “Dishonesty, Grave Misconduct, and Conduct Prejudicial to the Best Interest of the Service.” The formal charge stated:

“That Gilda Cruz applied to take the July 30, 1989 Career Service Subprofessional examination. A verification of our records revealed that the picture of Cruz pasted in the Picture Seat Plan of the said examination held at Room 21 of the Ramon Magsaysay Elementary School, Quezon City, bears no resemblance to the pictures of Cruz as appearing in the picture seat plans of the previous Career Service Subprofessional Examinations which she took last July 26, 1987 and July 31, 1988 respectively. It would appear that the purported picture of Cruz pasted in the Picture Seat Plan of the said July 30, 1989 examination is the picture of a different person. Further verification showed that this picture belongs to a certain Zenaida Paitim, Municipal Treasurer of Norzagaray, Bulacan who apparently took the said examination on behalf of Cruz and on the basis of the application bearing the name and personal circumstances of Cruz.”

Cruz and Paitim denied the charges and requested a formal investigation. They also filed a motion to dismiss, arguing that the CSC was acting as the complainant, prosecutor, and judge. This motion was denied, and a formal administrative investigation was conducted. The investigating officer recommended their dismissal from service, which the CSC subsequently upheld in Resolution No. 981695. The Court of Appeals affirmed the CSC’s decision, leading to the petition before the Supreme Court.

The petitioners argued that the CSC did not have original jurisdiction to hear the administrative case, citing Section 47(1) of the Administrative Code of 1987, which states:

Sec. 47. Disciplinary Jurisdiction. (1) The Commission shall decide upon appeal all administrative disciplinary cases involving the imposition of a penalty of suspension for more than thirty days, or a fine in an amount exceeding thirty days’ salary, demotion in rank or salary or transfer, removal or dismissal from office. A complaint may be filed directly with the Commission by a private citizen against a government official or employee in which case it may hear and decide the case or it may deputize any department or agency or official or group of officials to conduct the investigation. The results of the investigation shall be submitted to the Commission with recommendation as to the penalty to be imposed or other action to be taken.

The Supreme Court rejected this argument, clarifying that Section 47(1) applies to administrative cases arising from an employee’s duties and functions. The court emphasized that the case at hand stemmed from cheating during a Civil Service examination, which falls under the direct control and supervision of the CSC. In such instances, the CSC has original jurisdiction, as explicitly stated in Section 28, Rule XIV of the Omnibus Civil Service Rules and Regulations:

Sec. 28. The Commission shall have original disciplinary jurisdiction over all its officials and employees and over all cases involving civil service examination anomalies or irregularities.”

The petitioners also claimed a violation of their right to due process, arguing that the CSC acted as investigator, complainant, prosecutor, and judge. The Court addressed this concern by explaining that the CSC is mandated to hear and decide administrative cases, including those instituted by or before it. This mandate is derived from Book V, Title 1, Subtitle A, Chapter 3, Section 12, paragraph 11 of the Administrative Code of 1987, which empowers the CSC to:

(11) Hear and decide administrative cases instituted by or brought before it directly or on appeal, including contested appointments, and review decisions and actions of its offices and of the agencies attached to it. Officials and employees who fail to comply with such decisions, orders, or rulings shall be liable for contempt of the Commission. Its decisions, orders, or rulings shall be final and executory. Such decisions, orders, or rulings may be brought to the Supreme Court on certiorari by the aggrieved party within thirty (30) days from receipt of a copy thereof;

The Supreme Court noted that the CSC’s decision was based on substantial evidence, including discrepancies in photographs and signatures. The Court emphasized that factual findings of administrative bodies are binding on the Supreme Court. The CSC had found that:

After a careful examination of the records, the Commission finds respondents guilty as charged.

The photograph pasted over the name Gilda Cruz in the Picture Seat Plan (PSP) during the July 30, 1989 Career Service Examination is not that of Cruz but of Paitim. Also, the signature over the name of Gilda Cruz in the said document is totally different from the signature of Gilda Cruz.

It should be stressed that as a matter of procedure, the room examiners assigned to supervise the conduct of a Civil Service examination closely examine the pictures submitted and affixed on the Picture Seat Plan (CSC Resolution No. 95-3694, Obedencio, Jaime A.). The examiners carefully compare the appearance of each of the examinees with the person in the picture submitted and affixed on the PSP. In cases where the examinee does not look like the person in the picture submitted and attached on the PSP, the examiner will not allow the said person to take the examination (CSC Resolution No. 95-5195, Taguinay, Ma. Theresa)

The facts, therefore, that Paitim’s photograph was attached over the name of Gilda Cruz in the PSP of the July 30, 1989 Career Service Examination, shows that it was Paitim who took the examination.

In a similar case, the Commission ruled:

“It should be stressed that the registered examinee’s act of asking or allowing another person to take the examination in her behalf constitutes that the evidence on record clearly established that another person took the Civil Service Examination for De Guzman, she should be held liable for the said offense.”

At the outset, it is axiomatic that in the offense of impersonation, two persons are always involved. In the instant case, the offense cannot prosper without the active participation of both Arada and de Leon. Thus, the logical conclusion is that de Leon took the examination for and in behalf of Arada. Consequently, they are both administratively liable. (Arada, Carolina C. and de Leon, Ponciana Anne M.)

Given these considerations, the Supreme Court concluded that the petitioners were afforded due process, as they were formally charged, informed of the charges, submitted an answer, and given the opportunity to defend themselves. The Court affirmed the Court of Appeals’ decision, upholding the CSC Resolution. The High Court held that CSC can rightfully take cognizance over any irregularities or anomalies connected to the examinations.

FAQs

What was the key issue in this case?	The key issue was whether the Civil Service Commission (CSC) had the jurisdiction to hear and decide the administrative case against the petitioners for dishonesty related to civil service examination irregularities, and whether the petitioners were denied due process.
What did Zenaida Paitim do?	Zenaida Paitim impersonated Gilda Cruz by taking the civil service examination on her behalf. The CSC’s investigation revealed that the photograph on the examination seat plan was Paitim’s, not Cruz’s.
What penalty did the CSC impose on Cruz and Paitim?	The CSC found Cruz and Paitim guilty of dishonesty and ordered their dismissal from government service. Additionally, Gilda Cruz’s civil service eligibility was canceled.
Did the petitioners argue that their right to due process was violated?	Yes, the petitioners argued that their right to due process was violated because the CSC acted as the investigator, complainant, prosecutor, and judge in their case. However, the Court rejected this argument, stating that the CSC’s decision was based on substantial evidence.
What is the basis for the CSC’s jurisdiction over the case?	The Supreme Court stated that the acts complained of arose from a cheating caused by the petitioners in the Civil Service (Subprofessional) examination. The examinations were under the direct control and supervision of the Civil Service Commission.
What does Section 28, Rule XIV of the Omnibus Civil Service Rules and Regulations say?	Section 28 states that the Civil Service Commission shall have original disciplinary jurisdiction over all its officials and employees and over all cases involving civil service examination anomalies or irregularities.
Did the Court of Appeals uphold the decision of the CSC?	Yes, the Court of Appeals upheld the CSC’s decision, and the Supreme Court affirmed the Court of Appeals’ ruling, finding no reversible error.
What did the Supreme Court say about factual findings of administrative bodies?	The Supreme Court emphasized that the factual findings of administrative bodies, being considered experts in their field, are binding on the Supreme Court. This means that the Court gives deference to the factual determinations made by administrative agencies.

This case serves as a reminder of the importance of honesty and integrity in the civil service. Any attempt to undermine the integrity of civil service examinations will be met with severe consequences. The Supreme Court’s decision reinforces the CSC’s authority to maintain the integrity of the civil service and ensure that public servants are held to the highest standards of conduct.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Gilda G. Cruz AND Zenaida C. Paitim, vs. The Civil Service Commission, G.R. No. 144464, November 27, 2001