G.R. No.

107845 April 18, 1997

PAT. EDGAR M. GO, INP., petitioner,

vs.

NATIONAL POLICE COMMISSION, respondent.

Facts:

Petitioner Edgar M. Go was a member of the Olongapo City Polie Department before he was dismissed
for alleged involvement in illegal gambling.

He complained of denial of due process, claiming that no copy of the complaint with supporting
affidavits had been served on him; that he was simply ordered by radio to appear before the summary
dismissal board for investigation; that although a hearing had allegedly been held, he was not able to
attend because he had not been previously notified; and that he heard nothing more about the case
until he was informed of the decision to dismiss him.

Issue:

Whether or not petitioner was denied due process.

Ruling: Petitioner was denied of due process of law.

Sec. 40 of the Civil Service Act provides that an employee may be removed or dismissed even without
formal investigation, but an employee must be informed of the charges against him, and that it is to be
done by furnishing him with a copy. Furthermore, an employee charged with misfeasance or
malfeasance must have a reasonable opportunity to present his side of the matter.

The court concludes that petitioner was denied the due process of law and that not even the fact that
the charge against him is serious and evidence of his guilt is strong can compensate for the procedural
shortcut evident in the record of this case