G.R. No. 223595.

March 16, 2022

SHERWIN T. GATCHALIAN, PETITIONER, VS. ROMEO V. URRUTIA, RESPONDENT.
Facts:
The case involves a dispute between Sherwin T. Gatchalian, the former Mayor of Valenzuela
City, and Romeo V. Urrutia, a city employee, over a formal charge for Sexual Harassment filed
by Gatchalian against Urrutia. The complaint originated from an incident on December 22, 2011,
when Elizabeth B. Laron, an on-the-job trainee/student in the City Government of Valenzuela
Employees Cooperative, accused Urrutia of Sexual Harassment. Laron's complaint, addressed to
Gatchalian, was subsequently indorsed to the Personnel Complaints and Ethics Board (PCEB) of
Valenzuela City for investigation.

The proceedings involved several legal maneuvers, including Urrutia's motion to dismiss, which
questioned the constitution of the Committee on Decorum and Investigation (CODI) and its
authority to hear the case. The PCEB denied Urrutia's motion, prompting him to file a motion for
reconsideration, alleging a lack of impartiality on the part of the PCEB. Despite these challenges,
the CODI was created through Executive Order No. 2012-006 issued by Gatchalian, with
Resolution No. 2012-001 adopted by CODI-I recommending a formal charge for Sexual
Harassment against Urrutia.

On March 23, 2012, Gatchalian, acting through the CODI, issued a formal charge and an order of
preventive suspension against Urrutia. Urrutia, in response, filed an urgent omnibus motion
seeking reconsideration, the recall of the preventive suspension order, and the dissolution of the
formal charge. The CODI denied Urrutia's motion, leading to a formal investigation.

The CODI found Urrutia liable for Sexual Harassment, classified as a grave offense, and
dismissed him from service through Resolution No. 2012-008. Urrutia appealed to the Civil
Service Commission (CSC), challenging the jurisdiction of Gatchalian and the CODI. On July
26, 2012, the CSC granted Urrutia's appeal, declaring Gatchalian's formal charge and preventive
suspension order null and void. The CSC argued that Gatchalian, as the city mayor, lacked
authority over Urrutia, who was appointed by the City Vice Mayor under Section 456(a)(2) of
the Local Government Code.

Gatchalian sought reconsideration, but the CSC affirmed its decision on November 26, 2012.
Unsatisfied, Gatchalian appealed to the Court of Appeals (CA), arguing that the CSC erred in its
interpretation of the law.
Issue:
1) Whether Gatchalian, as the City Mayor, had the power to issue a formal charge and preventive
suspension against Urrutia, a city council employee, for Sexual Harassment, despite the
argument that only the vice-mayor had the authority to discipline sanggunian panlungsod
employees.

Decision:
The Court granted Gatchalian's petition, reversing the CA's decision. It held that Gatchalian, as
the city mayor, had the authority to discipline Urrutia for Sexual Harassment. The Court
emphasized that the Local Government Code and the Charter of Valenzuela City expressly
granted the city mayor the power to discipline officials and employees. The CSC's reliance on
the doctrine of implication was rejected, and it was clarified that the power to discipline was
explicitly vested in the city mayor. The CA's dismissal was deemed a reversible error, and
Gatchalian's formal charge and preventive suspension against Urrutia were declared valid.
WHEREFORE, the petition is GRANTED. The December 11, 2015 Decision and March 16,
2016 Resolution of the Court of Appeals, which affirmed the July 26, 2012 Decision of the Civil
Service Commission in Case Number 120465, and the November 26, 2012 Resolution in Case
Number 1202112, are hereby REVERSED. The formal charge for Sexual Harassment and order
of preventive suspension by petitioner Sherwin T. Gatchalian, former City Mayor of Valenzuela
City, against respondent Romeo V. Urrutia, Records Officer IV in the Council Secretariat,
Sangguniang Panlungsod of Valenzuela City and Chairman of the Board of Directors of the City
Government of Valenzuela City Employees Cooperative, are VALID.
SO ORDERED.