Acena v. CSC

Acena v. CSC

G.R. No. 90780 February 6, 1991

Paras, J.

Issue:

                whether or not the appeals from decisions of Merit System and Protection Board (MSPB) is cognizable by the Civil Service Commission

Held:

                Yes. Section 8 of Presidential Decree No. 1409 dated June 8, 1978, provides that:

Sec. 8. Relationship with the Civil Service Commission. –– Decision of the Board involving the removal of officers and employees from the service shall be subject to automatic review by the Commission. The Commission shall likewise hear and decide appeals from other decisions of the Board, provided that the decisions of the Commission shall be subject to review only by the Courts.

Implementing the above provisions, Section 7 of CSC Resolution No. 81-1329 dated November 23, 1981 likewise provides that:

Sec. 7. Cases appealable to the Commission. Decision of the merits Systems Board on contested appointments and other non-disciplinary cases are appealable to the Commission by the party adversely affected within fifteen (15) days from receipt of a copy thereof. (Emphasis supplied).

Based on the above provisions of law, the decision of the MSPB is appealable to the Civil Service Commission within fifteen (15) days from receipt of the copy thereof. Perfection of the appeal within the prescribed period is jurisdictional so that the failure to perfect an appeal within the reglementary period has the effect of rendering the judgment final and executory. Moreover, the right to appeal is a statutory right and the party who seeks to avail himself of the same must comply with the requirements of the law. Failure to do so, the right to appeal is lost.

Civil Service Commission has the jurisdiction to review the decision of the MSPB. However, said authority to review can only be exercised if the party adversely affected by the decision of the MSPB has filed an appeal with the Commission within the reglementary period.