#12 MATIAS, Michelle Dulce Candelaria

PAT-OG VS CIVIL SERVICE COMMISSION

G.R. NO. 198755
JUN. 5, 2013

Civil Procedure. Concurrent Jurisdiction. that which is possessed over the same parties or subject matter at the same time
by two or more separate tribunals. Where concurrent jurisdiction exists in several tribunals, the body that first takes
cognizance of the complaint shall exercise jurisdiction to the exclusion of others.

FACTS:
Alberto Pat-og, a 3rd year high school teacher of Antadao National High School in Sagada, Mountain Province,
was conducting his MAPEH class when Robert Bang-on, a second-year high school student joined his class, who were
then practicing basketball shots. When Alberto ordered the boys to form two lines, Robert, who thought the order was to
form three lines, inserted himself between the two lines. Alberto then punched him in the stomach. As a result of the
incident, Alberto was hospitalized.

Bang-on filed an administrative case for Grave Misconduct against Pat-og, as well as a criminal case for Slight
Physical Injuries. In the administrative case, Pat-og denied punching Bang-on, claiming he merely stared them down
when they became unruly. In the criminal case, Pat-og was found guilty of the crime and thus applied for probation.

The Civil Service Commission-Cordillera Administrative Region, after conducting hearing, found Pat-og liable for
Simple Misconduct and ordered his suspension for six months without pay. Pat-og appealed the CSC-CAR ruling to the
Civil Service Commission, but the latter affirmed with modification the CSC-CAR ruling, finding him liable for Grave
Misconduct and ordering his dismissal from the service.

It ruled that Pat-ogs conviction in the criminal case, where he acquiesced, can be admitted as evidence in the
administrative case. Alberto was not denied due process when he was not afforded opportunity to cross-examine Roberts
witnesses, as the same is not indispensable in administrative cases.

His act was a wanton transgression of the proper norms of conduct of a public school teacher. In his motion for
reconsideration, Pat-og raised for the first time the issue of jurisdiction of the CSC over the case. He argued that his case
should have been referred to and investigated by a committee first in accordance with the Magna Carta For School
Teachers provided under RA 4670. However, the CSC denied his motion for reconsideration, holding he is estopped from
challenging the jurisdiction of the CSC. When Pat-og elevated his case to the Court of Appeals, the latter affirmed the
ruling of the CSC. Pat-ogs last resort was before the Supreme Court. He argues that he should not have been dismissed
from the service, and the CA was wrong when it ruled that CSC had jurisdiction over the case.

ISSUE/S: Whether or not the Civil Service Commission have jurisdiction over administrative cases involving public school
teachers?

RULING:

Yes, the CSC had acquired jurisdiction over administrative cases involving public school teachers.

In Puse v. Santos-Puse, it was held that the CSC, the Department of Education (DepEd) and the Board of Professional
Teachers-Professional Regulatory Commission (PRC) have concurrent jurisdiction over administrative cases against
public school teachers.

Further, the doctrine of concurrent jurisdiction provides that whenever there is concurrent jurisdiction in several
tribunals, the body that first takes cognizance of the complaint shall exercise jurisdiction to the exclusion of the others.

In this case, it was CSC which first acquired jurisdiction over the case because the complaint was filed before it. Thus, it
had the authority to proceed and decide the case to the exclusion of the DepEd and the Board of Professional Teachers.