4.

CSC v Lucas ISSUE: WN administrative proceedings are exempt from basic

and fundamental procedural principles, such as the right to due process in
Raquel Linatok, an assistant investigations
information officer at the and hearings.
Department of Agriculture, filed
with the Office of the Secretary of RULING: No. We sustain the ruling of the Court of Appeals that: (a) a basic
the DA an affidavit-complaint requirement of due process is that a person must be duly informed of the
against Jose Lucas, a charges against him and that (b) a person can not be convicted of a crime
photographer of the same agency with which he was not charged. Administrative proceedings are not exempt
for misconduct. The complaint from basic and fundamental procedural principles, such as the right to due
stemmed from the alleged act of process in investigations and proceedings. The right to substantive and
Jose Lucas of touching and procedural due process is applicable in administrative proceedings.
caressing complainant's thigh
running down to her ankle. After a
formal investigation by the Board
of Personnel Inquiry, it issued a
resolution finding respondent
guilty of simple misconduct and
recommending a penalty of
suspension for one month and
one day. The CSC, however,
found him guilty of grave
misconduct and imposed on him
the penalty of
dismissal from the service. The
CA set aside the CSC resolution
and reinstated that of the board
and ruled that respondent was
denied due process as he came to
know of the modification of the
charge against him only when he
received notice of the CSC
resolution dismissing him from the
service. In its petition to the SC,
petitioner contended that a formal
charges in an administrative case
need not be drafted with the
precision of an information in a
criminal prosecution.