Gatchalian v Urrutia (2022, G.R. No. 223595)

 Sherwin T. Gatchalian v Romeo V. Urrutia

March 16, 2022, G.R. No. 223595

Facts:

    This is a review of a CSC decision. 

    Gatchalian is a former Mayor while Urrutia was a Records Officer in the Council Secretariat.

    In January 2012, Elizabeth Laron, an OJT working in the City Government of Valenzuela Employees Cooperative, lodged a complaint against Urrutia for sexual harassment committed in December 2011. Roberto Darilag, Chairman of the Personnel Complaints and Ethics Board (PCEB),  ordered Urrutia to submit his counter-affidavit, but before Urrutia could do the same, Darilag sent a letter to Laron advising her to amend her complaint to comply with the Rules on Sexual Harassment Cases (CSC Res. No. 01-0940). The Committee recommended that Gatchalian file a formal charge against Urrutia and preventively suspend him, which the former obliged.

    CSC dismisses the case. Ground: Urrutia was an employee of the Sangguniang Panlungsod, appointed by the Vice Mayor (Sec 456, LGC); thus, the Mayor is not authorized to issue a formal charge against Urrutia.

Issue: W/N the Mayor has no jurisdiction to discipline the SP employee (following the principle that the power to remove is inherent in the power to appoint).

Held: Gatchalian as mayor had the power to issue a formal charge and a preventive suspension order against Urrutia.

Sec 455(b)(1)(x) of LGC provides that the Mayor can cause to be instituted administrative or judicial proceedings against any official or employee of the city who may have committed and offense in the performance of his official duties.

Sec 87 of LGC also empowers the Chief Executive to impose appropriate penalty on erring subordinate employees under her/his jurisdiction.

Doctrines:

• Doctrine of implication in relation to Sec 456, LGC:
• VM's power to appoint employees of the SP carries with it the power to discipline the same employees
• General rule re appointment and discipline
• the power to appoint carries with it the power to discipline.
• XPN: the power to discipline/remove is expressly vested in another office or authority.
• CSC Res. No. 01-0940 (Rules on Sexual Harassment Cases)
• applies to government employees 
• Sec 7, Rule VI provides that the a Committee on Decorum and Investigation (CODI) must be constituted in all agencies with the original charter.