Republic of the Philippines

SUPREME COURT
Manila

EN BANC

G.R. No. 97381 November 5, 1992

BENIGNO V. MAGPALE, JR., petitioner,

vs.
CIVIL SERVICE COMMISSION and ROGELIO A. DAYAN, in his capacity as the General
Manager of the Philippine Ports Authority, respondents.

FACTS:

Benigno assailed Resolution No. 90-962 dated October 19, 1990 of respondent Civil Service
Commission (CSC). Said CSC resolution set aside and modified the decision dated February 5,
1990 of the Merit System Protection which ordered the immediate reinstatement in the service of
herein petitioner Benigno V. Magpale, Jr., without loss of seniority rights and with payment of back
salaries and other emoluments to which he is entitled under the law. Benigno challenges the CSCs
jurisdiction to review the MPSBs decision

ISSUE:

Whether the CSC has the jurisdiction to review the MPSB’s decision.

RULING:

No, settled is the rule that a tribunal, board, or officer exercising judicial functions acts
without jurisdiction if no authority has been conferred by law to hear and decide the case.The
February 5, 1990 decision of the MSPB did not involve dismissal or separation from office, rather,
the decision exonerated petitioner and ordered him reinstated to his former position. Hence, the
MSPB decision was not a proper subject of appeal to the CSC.