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Case Digest - Peralta vs. Civil Service Commission 212 SCRA 425, G.R. No. 95832, Aug. 10, 1992

- Petitioner, a government employee, received deductions in his salary corresponding to Saturdays, Sundays, and holidays when he had no accumulated leave credits for absences. - Petitioner questioned the legality of this deduction. The Civil Service Commission ruled the deductions were valid. - The Supreme Court ruled the Commission's interpretation was incorrect and unconstitutional. RA 2625 provides all government employees are entitled to leave on Saturdays, Sundays, and holidays regardless of leave credits. Deducting pay on these non-work days deprives employees of property without due process. - The court invalidated the Commission's resolution and ruled employees cannot be considered absent or have salary deducted on non

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2K views2 pages

Case Digest - Peralta vs. Civil Service Commission 212 SCRA 425, G.R. No. 95832, Aug. 10, 1992

- Petitioner, a government employee, received deductions in his salary corresponding to Saturdays, Sundays, and holidays when he had no accumulated leave credits for absences. - Petitioner questioned the legality of this deduction. The Civil Service Commission ruled the deductions were valid. - The Supreme Court ruled the Commission's interpretation was incorrect and unconstitutional. RA 2625 provides all government employees are entitled to leave on Saturdays, Sundays, and holidays regardless of leave credits. Deducting pay on these non-work days deprives employees of property without due process. - The court invalidated the Commission's resolution and ruled employees cannot be considered absent or have salary deducted on non

Uploaded by

Lu Cas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Peralta vs. Civil Service Commission 212 SCRA 425, G.R. No.

95832, August 10, 1992

Facts:

Petitioner was appointed Trade-Specialist II on 25 September 1989 in the Department of Trade and
Industry (DTI). His appointment was classified as "Reinstatement/Permanent". 120889 petitioner received
his initial salary, covering the period from September to October 1989. Since he had no accumulated leave
credits, DTI deducted from his salary the amount corresponding to his absences during the covered
period, inclusive of Saturdays and Sundays.

Petitioner sent a memorandum to Amando T. Alvis (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 in a memorandum 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.

Petitioner sent a letter addressed to CSC Chairman Patricia Santo Tomasraising the 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: 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 No. 90- 497, 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.

Issue:
Whether or not the CSC resolution is valid.

Held:
No. The court ruled that 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) day 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. 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.
Furthermore, before their amendment by R.A. 2625, Sections 284 and 285-A of the Revised Administrative
Code applied to all government employee without any distinction. It follows that the effect of the
amendment similarly applies to all employees enumerated in Sections 284 and 285-A, whether or not they
have accumulated leave credits.

The general rule vis-a-vis legislation is that an unconstitutional act is not a law; it confers no rights; it
imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative
as though it had never been passed.

“When an administrative or executive agency renders an opinion or issues a statement of policy, it merely
interprets a preexisting law; and the administrative interpretation of the law is at best advisory, for it is
the courts that finally determine what the law means.”

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