COMMISSION ON HUMAN RIGHTS v. CIVIL SERVICE COMMISSION AND ATTY.

ELIAS V. PACETE
G.R. No. 101207, October 1, 1993

FACTS
Atty. Elias Pacete, a permanent appointee to the position of Division Chief of Region IX
of the Commission on Human Rights (CHR), filed for optional retirement due to failing eyesight.
However, his application was later withdrawn. The CHR accepted and approved his retirement
but later informed Pacete that his application was not approved by the Government Service
Insurance System (GSIS) due to failure to meet the required three years of continuous service
preceding retirement. Pacete requested reinstatement, but the CHR denied it and instead charged
him with incompetence, inefficiency, and failure to account for public funds. The Merit Systems
Protection Board (MSPB) ordered his reinstatement with back wages. The CHR appealed to the
Civil Service Commission (CSC), which affirmed the MSPB's decision.

ISSUE
Whether the CSC gravely abused its discretion in ordering the reinstatement of Atty. Pacete and
the payment of his back wages.

RULING
The Supreme Court affirmed the decision of the Civil Service Commission. It noted that
the CHR's denial of Pacete's reinstatement lacked due process as he was not given notice and
hearing before the decision was made. The charges of incompetence and inefficiency were raised
belatedly, only after Pacete's application for retirement was approved. The Court found that the
CHR's actions violated administrative due process. It emphasized that an employee should be
allowed to refute charges before dismissal and that failure to provide due process rendered
Pacete's dismissal illegal. The Court also ruled that the Civil Service Decree provision cited by
the CHR for summary dismissal was repealed by Rep. Act No. 6654. Therefore, the CSC's
decision to reinstate Pacete with back wages was affirmed.