Peralta vs. CSC

G.R. No.
95832 August 10, 1992
MAYNARD R. PERALTA, petitioner,

vs.
CIVIL SERVICE COMMISSION, respondent.
Facts:
Petitioner was appointed Trade-Specialist II on 25 September 1989 in the Department of Trade and Industry (DTI). On 8
December 1989, petitioner received his initial salary, covering the period from 25 September to 31 October 1989. Since
he had no accumulated leave credits, DTI deducted from his salary the amount corresponding to his absences during the
covered period, namely, 29 September 1989 and 20 October 1989, inclusive of Saturdays and Sundays.
Petitioner sent a memorandum to the Chief, General Administrative Service inquiring as to the law on salary deductions, if
the employee has no leave credits. Amando T. Alvis answered petitioner's query citing Chapter 5.49 of the Handbook of
Information on the Philippine Civil Service which states that "when an employee is on leave without pay on a day before or
on a day immediately preceding a Saturday, Sunday or Holiday, such Saturday, Sunday, or Holiday shall also be without
pay (CSC, 2nd Ind., February 12, 1965)."
Petitioner then sent a letter addressed to the CSC raising the following question: “Is an employee who was on leave of
absence without pay on a day before or on a day time immediately preceding a Saturday, Sunday or Holiday, also
considered on leave of absence without pay on such Saturday, Sunday or Holiday?”
Petitioner in his said letter to the CSC Chairman argued that a reading of the General Leave Law as contained in the
Revised Administrative Code, as well as the old Civil Service Law, the Civil Service Decree and the Civil Service Rules
and Regulation fails to disclose a specific provision which supports the CSC rule at issue. That being the case, the
petitioner contented that he cannot be deprived of his pay or salary corresponding to the intervening Saturdays, Sundays
or Holidays (in the factual situation posed), and that the withholding (or deduction) of the same is tantamount to a
deprivation of property without due process of law.
Respondent Commission promulgated Resolution ruling that the action of the DTI in deducting from the salary of
petitioner, a part thereof corresponding to six (6) days (is in order
Petitioner filed a motion for reconsideration but was denied for lack of merit.and in Resolution No. 90-797, the respondent
Commission denied said motion for lack of merit.
Petitioner's motion for reconsideration having been denied, petitioner filed the present petition.
During the pendency of the petition, the CSC promulgated a Resolution amending the questioned policy, considering that
employees paid on a monthly basis are not required to work on Saturdays, Sunday or Holidays. In said amendatory
Resolution, the respondent Commission resolved "to adopt the policy that when an employee, regardless of whether he
has leave credits or not, is absent without pay on day immediately preceding or succeeding Saturday, Sunday or holiday,
he shall not be considered absent on those days." A Memorandum Circular was also issued by CSC Chairman Sto.
Tomas adopting and promulgating the new policy and directing the Heads of Departments, Bureaus and Agencies in the
national and local governments, including government-owned or controlled corporations with original charters, to oversee
the strict implementation of the circular.
Issue:
Whether or not the CSC’s questioned policy is valid or not
Ruling:
The SC declared the questioned resolutions null and void.
The Civil Service Commission in its here questioned Resolution No. 90-797 construed R.A. 2625 as referring only to
government employees who have earned leave credits against which their absences may be charged with pay, as its
letters speak only of leaves of absence with full pay. The respondent Commission ruled that a reading of R.A. 2625 does
not show that a government employee who is on leave of absence without pay on a day before or immediately preceding
a Saturday, Sunday or legal holiday is entitled to payment of his salary for said days.
Administrative construction, if we may repeat, is not necessarily binding upon the courts. Action of an administrative
agency may be disturbed or set aside by the judicial department if there is an error of law, or abuse of power or lack of
jurisdiction or grave abuse of discretion clearly conflicting with either the letter or the spirit of a legislative enactment.
With this in mind, the construction by the respondent Commission of R.A. 2625 is not in accordance with the legislative
intent. R.A. 2625 specifically provides that government employees are entitled to fifteen (15) days vacation leave of
absence with full pay and fifteen (15) days sick leave with full pay, exclusive of Saturdays, Sundays and Holidays in both
cases. Thus, the law speaks of the granting of a right and the law does not provide for a distinction between those who
have accumulated leave credits and those who have exhausted their leave credits in order to enjoy such right. Ubi lex non
distinguit nec nos distinguere debemus. The fact remains that government employees, whether or not they have
accumulated leave credits, are not required by law to work on Saturdays, Sundays and Holidays and thus they cannot be
declared absent on such non-working days. They cannot be or are not considered absent on non-working days; they
cannot and should not be deprived of their salary corresponding to said non-working days just because they were absent
without pay on the day immediately prior to, or after said non-working days. A different rule would constitute a deprivation
of property without due process.

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G.R. No.

95832 August 10, 1992

MAYNARD R. PERALTA, petitioner,

Whether or not the CSC’s questioned policy is valid or not

The SC declared the questioned resolutions null and void.

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