Digest Author: Alexi Calda
PERALTA v. CSC (1992)
Petition: Review
Petitioner: Maynard Peralta
Respondent: Civil Service Commission
Ponencia: Padilla
DOCTRINE: Administrative construction 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.
FACTS:
1. Peralta was a Trade Specialist III in DTI and was classified with a
“Reinstatement/Permanent” position.
2. DTI deducted his absences (6 days) from his salary for a certain
period of time since he had no accumulated leave credits. These
absences were on 2 long weekends (F, S, Su).
3. Peralta after writing to their Chief General Administrative Service
sent his inquiry to CSC Chairman Sto. Tomas.
- 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?
- Peralta’s claim: There is no provision in the General Leave Law
(can be found in the Revised Administrative Code), Old Civil Service
Law, Civil Service Decree or Civil Service Rules and Regulation that
supports such CSC rule.
4. Commissioner Sto. Tomas promulgated a Resolution stating that
nd
DTI’s action was proper. The resolution cited a 2 Indorsement way
back in 1965 that involved the case of another employee who was
absent on from Saturday to Sunday and was leave on Monday.
a. An employee who has no more leave credit in his favor is not
entitled to the payment of salary on Saturdays, Sundays or
holidays unless such non-working days occur within the
period of service actually rendered
b. Rationale: It will allow an employee who is on leave for a
long time to still receive his salary during the weekends in
spite of the fact that he has no leave credits anymore. It
discourages the employees to have long weekends resulting
to prejudice of the government and the public in general.
5. CSC denied Peralta’s MR through another Resolution so he brought
the case to the SC.
ISSUE: WoN the CSC policy is valid
PROVISION: Handbook of Information on the Philippine Civil Service
5.51. When intervening Saturday, Sunday or holiday considered as leave
without pay — 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., Feb.
12, 1965).
RULING + RATIO: NO
 Case actually became moot already. CSC issued another Resolution
amending the rule since employees paid on a monthly basis do not
work during the weekends BUT the SC still decided to rule on it.
 The policy actually interpreted RA 2625 amending the Revised
Administrative Code.
o Its provisions grant employees 15 days of vacation leave
w/full pay and 15 days of sick leave with full pay each year. It
does not say anything about leaves without pay.
o Intent: To exclude Saturdays, Sundays and Holidays in the
computation of leaves since employees are not require to go
to office during those days.
 Administrative construction 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.
o In this case, the construction of CSC is not in accordance
with the legislative intent. The law does not distinguish
between those who have exhausted their leave credits and
those who have not. Ubi lex non distinguit nec nos
dinstuiguire debemus.
o SC called upon CSC and Congress to handle the case of
other employees with similar situations. Deductions must be
restored to the employees.
DISPOSITION: Petition is GRANTED. CSC Resolutions are declared NULL
and VOID.