986. Civil Service Commission v. Sojor – 554 SCRA 160 appointment they have given to respondent.

hey have given to respondent. And according to the law, in

“complaints against civil service officials and employees which are not acted
TOPIC: Academic freedom of “institutions of higher learning". upon by the agencies and such other complaints requiring direct or
FACTS: immediate action, in the interest of justice” the CSC may take over.

Herein respondent, Henry Sojor, president of Negros Oriental State
University (formerly known as Central Visayas Polytechnic College) was
charged of nepotism, dishonesty, falsification of official documents, grave
misconduct and conduct prejudicial to the best interest of the service
before the Civil Service Commission.
Hence, the assumption of the CSC of jurisdiction over herein respondent
State University president is only deemed proper and not in violation of
academic freedom.

Herein petitioner moved to dismiss these cases on the grounds of lack of

jurisdiction. Academic freedom was also invoked.

ISSUE:

Whether or not the assumptions by the Civil Service Commission of

jurisdiction over a president of a State University violate academic freedom.

RULING:

No, the assumption by the CSC of jurisdiction over a president of a State

University does not violate academic freedom.

While it is certain that academic institutions and personnel are granted with
wide latitude of academic freedom, such freedom does not give an
institution the unbridled authority to perform acts without any statutory
basis. For that reason, as the court explained in its ruling, a school official,
who is a member of the civil service, may not be permitted to commit
violations of civil service rules under the justification that he was free to do
so under the principle of academic freedom.

In the case at bar, the respondent is facing charges of grave offenses

punishable with suspension or even dismissal. And evidently, these cases
have not been acted upon by the university officials based on the re-