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    This document summarizes a Supreme Court case between the Philippine National Bank (PNB) and an employee, Ricardo Garcia. PNB charged Garcia with gross neglect of duty for losing 700,000 pesos. PNB found Garcia guilty and imposed a penalty. Garcia appealed to the Civil Service Commission (CSC), which overturned PNB's finding and exonerated Garcia. PNB then appealed to the Court of Appeals, which said PNB could no longer appeal the CSC's decision. The Supreme Court granted PNB's petition, set aside the lower court's decision, and remanded the case back to the Court of Appeals to review the CSC's decision on the merits. The Supreme Court held that the right to appeal is

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    388 Scra 485

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    69 views1 page
    This document summarizes a Supreme Court case between the Philippine National Bank (PNB) and an employee, Ricardo Garcia. PNB charged Garcia with gross neglect of duty for losing 700,000 pesos. PNB found Garcia guilty and imposed a penalty. Garcia appealed to the Civil Service Commission (CSC), which overturned PNB's finding and exonerated Garcia. PNB then appealed to the Court of Appeals, which said PNB could no longer appeal the CSC's decision. The Supreme Court granted PNB's petition, set aside the lower court's decision, and remanded the case back to the Court of Appeals to review the CSC's decision on the merits. The Supreme Court held that the right to appeal is

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    This document summarizes a Supreme Court case between the Philippine National Bank (PNB) and an employee, Ricardo Garcia. PNB charged Garcia with gross neglect of duty for losing 700,000 pesos. PNB found Garcia guilty and imposed a penalty. Garcia appealed to the Civil Service Commission (CSC), which overturned PNB's finding and exonerated Garcia. PNB then appealed to the Court of Appeals, which said PNB could no longer appeal the CSC's decision. The Supreme Court granted PNB's petition, set aside the lower court's decision, and remanded the case back to the Court of Appeals to review the CSC's decision on the merits. The Supreme Court held that the right to appeal is

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    69 views1 page

    388 Scra 485

    Uploaded by

    Irish Alonzo
    This document summarizes a Supreme Court case between the Philippine National Bank (PNB) and an employee, Ricardo Garcia. PNB charged Garcia with gross neglect of duty for losing 700,000 pesos. PNB found Garcia guilty and imposed a penalty. Garcia appealed to the Civil Service Commission (CSC), which overturned PNB's finding and exonerated Garcia. PNB then appealed to the Court of Appeals, which said PNB could no longer appeal the CSC's decision. The Supreme Court granted PNB's petition, set aside the lower court's decision, and remanded the case back to the Court of Appeals to review the CSC's decision on the merits. The Supreme Court held that the right to appeal is

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    388 SCRA 485

    G.R No. 141246 September 9, 2002


    Philippine National Bank, Petitioner, vs. Ricardo V. Garcia, Jr., Respondent

    I. Syllabus

     Administrative Law; The right to appeal is not a natural right or a part


    of due process
     The interpretation of the phrase " party adversely affected" in Sec.39 of
    PD 807

    II. Facts

     Private respondent Ricardo V. Garcia, Jr., a check processor and cash


    representative at the Buendia Branch of petitioner Philippine National
    Bank (PNB), was charged by the latter with Gross Neglect of Duty in
    connection with the funds it had lost on August 5, 1994 in the amount
    of Seven hundred thousand pesos (700, 000.00)

     On July 21, 1995, the PNB-Administrative Adjudication Office (AAO)


    rendered its decision, duly approved by PNB Executive Vice President
    Inocencio B. Deza, Jr., finding private respondent guilty as charged
    and, accordingly, imposing upon him the penalty of ‘Forced
    Resignation with Benefits . . . without prejudice to his monetary
    liability arising from the case.
     Private respondent moved for reconsideration of the aforesaid
    decision, but the same was denied by the PNB-AAO in its Resolution
    dated September 21, 1995. Aggrieved, private respondent appealed to
    public respondent on September 28, 1995.

     "Thereafter, public respondent issued Resolution No. 967612 on


    December 3, 1996, granting private respondent’s appeal after finding
    that the evidence on record failed to establish neglect of duty on the
    part of Private Respondent.

    III. Issue

     Whether or not the Court of Appeals is correct in so holding that


    petitioner cannot anymore elevate on appeal the resolution of the Civil
    Service Commission reversing petitioner’s finding of guilt for gross
    neglect of duty on Respondent Garcia.

    IV. Held

     Petition is meritorious. Party Adversely Construe. The right to appeal


    is not a natural right or a part of due process, but a mere statutory
    privilege that may be exercised only in the manner prescribed by law.

     Wherefore, the Petition is GRANTED, and the assailed Decision and


    Resolution SET ASIDE. This case is remanded to the Court of Appeals,
    which is DIRECTED to review on the merits the Resolution of the Civil
    Service Commission exonerating Respondent Ricardo V. Garcia from
    administrative liability. No costs.ch

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