Csc Vs Sojor 554 Scra 160 Case Digest.docx

Topic: ACADEMIC FREEDOM

THE CIVIL SERVICE COMMISSION, petitioner, vs. HENRY A. SOJOR, respondent 554 SCRA 160, May 22, 2008 FACTS:

Herein respondent, Henry Sojor, is the president of Negros Oriental State University (formerly known as Central Visayas Polytechnic College) was charged of nepotism, dishonesty, falsification of official documents, grave misconduct and conduct prejudicial to the best interest of the service before the Civil Service Commission. Moreover, he moved to dismiss these cases on the grounds of lack of jurisdiction of CSC invoking academic freedom of the state university in resolving his case.

ISSUE:

Whether or not a president of a State University is outside the reach of the disciplinary jurisdiction of the Civil Service Commission where its assumption over the case violates academic freedom.

RULING:

No, the president of a State University is still within the reach of the disciplinary jurisdiction constitutionally granted to the Civil Service Commission (CSC). As explained by the court, “except as otherwise provided by the Constitution or by law, the CSC shall have the final authority to pass

upon the removal, separation and suspension of all officers and employees in the civil service and upon all matters relating to the conduct, discipline, and efficiency of such officers and employees. Thereby, there is no violation of academic freedom of state university when CSC assumes the jurisdiction in resolving the case at bar as the court emphasized that academic freedom encompasses freedom to determine who will be taught, who will teach or who will admitted to study but does not give an institution the unbridled authority to perform acts without any statutory basis. Though the Board of Regents of the Negros Oriental State University (NORSU) has the sole power of administration over the university through its appointed officials, such power is not exclusive in the matter of disciplining and removing its employees but such power is concurrent between the BOR and the CSC. Hence, the court resolved the case through reinstatement of the resolution of CSC on the suspension of Sojor as president of the university.