The Supreme Court (SC) has asserted that the Civil Service Commission (CSC) has no authority and administrative jurisdiction over an employee of the Judiciary for illegal acts committed while the employee was still with the executive department particularly with the Department of Education (DepEd).
The question of administrative jurisdiction over an employee came out from a case filed against a former public school teacher in a school in Davao City
for taking a Professional Board Examination for Teachers (PBET) in behalf of another person.
On November 10, 1991, PBET was held in Davao City particularly at the Kapitan Tomas Monteverde Elementary School wherein a certain Evelyn Decir was an examinee. Decir passed that examination with a weighted average of 74.27%.
But at the time of the PBET, it was Sarah Ampong, also a public school teacher who took the examination for Decir.
On August 3, 1993, Ampong was appointed as Court Interpreter III at a Regional Trial Court (RTC) in Alabel, Saranggani Province.
The irregularity in the civil service examination of Decir was unearthed when a woman identified herself as Evelyn Decir appeared before the CSC XI in Davao City to secure a copy of her PBET Certificate of Eligibility.
During the transaction, CSC personnel noted that the picture in the seat plan did not resemble the woman who identified herself as Evelyn Dacir.
After conducting a preliminary investigation, the CSC found that it was Ampong who took the exam for Decir, thus, the Ampong and Decir were charged with Dishonesty, Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service.
At the course of the trial, Ampong appeared before the CSC and admitted the offense.
On March 21, 1996, Decir and Ampong were found guilty of the offenses charged and ordered dismissed from the government service.
But Ampong contested the CSC decision, asserting that the CSC has no administrative jurisdiction over court employees even if the act was committed during her stint at the Education Department. - PNA
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