hercules p. guzman v. national labor relations commission, et al

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THIRD DIVISION

[G.R. No. 177964 : January 13, 2010]

HERCULES P. GUZMAN V. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated 13 January 2010:

G.R. No. 177964 (Hercules P. Guzman v. National Labor Relations Commission, et al.). - Thisis a petition for review on certiorari under Rule 45 of the Rules of Court, assailing the Decision[1] datedJanuary 11, 2007 and the Resolution[2] dated May 17, 2007 of the Court of Appeals (CA)in CA-G.R. SPNo. 90913.

Petitioner Hercules P. Guzman was employed as a professor by respondent University of the East,College of Law. Cinderella Acuna, a law student, filed an administrative complaint for harassmentagainst Guzman, alleging that she was given a final grade of "X" in Succession, taken in the firstsemester of the school year 1996-1997, because he wanted to have a date with her; that he askedher to take her removal examinations at Max's, at A&W, and at some other restaurants: and that inLand Titles taken under Guzman in 1994, the latter asked her to visit him in his office, where he toldher that she was his type and that he was willing to give her money and a house.

In his counter-affidavit, Guzman denied Acuna's allegations, although he admitted that he asked herto take her examinations at Max's and at A&W. He also admitted that Acuna earlier went to his office,but claimed that she went there with her boyfriend, not to take her examination but to solicit funds forthe bar operations. He also claimed to have been the subject of persecution by the Dean of theCollege of Law.

After investigation, the Ad Hoc Committee of respondent University found Guzman to have improperlyconducted school-related activities outside the school premises, indicative of sexually motivatedintentions, in violation of the University's policy of providing its students with an environment freefrom sexual harassment and from fear of its occurrence. Consequently, a penalty of one (1) yearsuspension was imposed on Guzman, with a stern warning that a repetition thereof would be dealt withgreater severity.

Aggrieved, Guzman instituted an action for illegal suspension before the Labor Arbiter. The LaborArbiter, in his decision, found a valid around for the suspension, but reduced the period to six (6)months.

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Both Guzman and the University appealed to the National Labor Relations Commission (NLRC). In aDecision dated November 25, 2004, the NLRC affirmed the Labor Arbiter's decision, but modified it bydeclaring as valid the one (1) year suspension imposed upon Guzman.

Guzman appealed to the CA: The appellate court, however, affirmed the November 25, 2004 Decisionof the NLRC. Hence, this petition ascribing error on the part of the CA in not finding that hisconstitutional right to due process was violated when (1) he was made to appear before a tribunal thatwas partial and invalidly constituted; (2) his administrative liability was made to depend on self-serving allegations and inferences; and (3) he was made liable for administrative offenses notincluded in the original charge.

This petition should be denied.

Due process in administrative proceedings has also been recognized to include the following: (1) theright to actual or constructive notice of the institution of proceedings that may affect respondent'slegal rights; (2) a real opportunity to be heard personally or with the assistance of counsel, to presentwitnesses and evidence in one's favor, and to defend one's rights; (3) a tribunal vested withcompetent jurisdiction and so constituted as to afford a person charged administratively a reasonableguarantee of honesty as well as impartiality; and (4) a finding by said tribunal which is supported bysubstantial evidence submitted for consideration during the hearing or contained in the records ormade known to the parties affected.[3] In resolving administrative cases, the conduct of a full-blowntrial is not indispensable to dispense justice to the parties. The requirement of notice and hearing doesnot connote full adversarial proceedings. In administrative proceedings, the essence of due process issimply an opportunity to be heard, or an opportunity to explain one's side, or an opportunity to seek areconsideration of the action or ruling complained of.[4]

Undeniably, petitioner was amply afforded his right to due process. As correctly observed by the CA,petitioner was heard through the counter-affidavit and the memorandum he filed in response to thecharges against him. He had the opportunity to clarify his assertions through his memorandum,seeking reconsideration of the decision of the Office of the President of the University. His grievancewas well threshed out before the Labor Arbiter and the NLRC, from the complaint to the appeal and upto the motion for reconsideration of the adverse rulings against him. More importantly, petitionershould not be allowed to question the constitution of the Ad Hoc Committee that heard theadministrative complaint after receiving an unfavorable judgment consequent to his activeparticipation in the proceedings before it.

WHEREFORE, the petition is DENIED DUE COURSE for lack of merit. The assailed. January 11, 2007Decision and the May 17, 2007 Resolution of the Court of Appeals are AFFIRMED. Costs againstpetitioner.

SO ORDERED.

WITNESS the Honorable Renato C. Corona, Chairperson, Hon. Presbitero J. Velasco, Jr., Hon. AntonioEduardo B. Nachura, Hon. Diosdado M. Peralta and Hon. Jose C. Mendoza, Members, Third Division,this 13th day of January 2010.

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANOClerk of Court

Endnotes:

[1] Penned by Associate Justice Jose L. Sabio, Jr., with Associate Justices Jose C. Reyes,Jr. and Myrna Dimaranan Vidal, concurring; rollo, pp. 20-30.

[2] Id. at 31-32.

[3] Montoya v. Varilla, G.R. No. 180146, December 18,2008, 574 SCRA 831, 842.

[4] Equitable PCI Banking Corporation v. RCBC Capital Corporation, G.R. No. 182248,December 18, 2008, 574 SCRA 858, 891.

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hercules p. guzman v. national labor relations commission, et al

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