Mayor Dagadag v. Tongnawa

Facts:

Petitioner was formerly the mayor of the municipality of Tanudan, Province of Kalinga. Michael Tongnawa and Antonio Gammod, respondents, are the municipal engineer and municipal planning and development coordinator, respectively, of the said municipality.

Petitioner, while then the mayor of Tanudan, sent respondents a memorandum ordering them to explain within 72 hours why they should not be administratively sanctioned for acts unbecoming of public servants and failure to perform their duties. Respondents submitted to petitioner their respective explanations.

The Municipal Grievance Committee found respondents liable for insubordination, non-performance of duties and absences without official leaves. 

Petitioner issued an order suspending respondents from their respective positions for 2 months. Respondents appealed to CSC. CSC affirmed the order of the petitioner. Respondents filed an MR but was denied.

Respondents filed a Petition for Review in the CA which was granted, reversing the CSC ruling. Petitioner filed an MR but was denied. 

Issue:

Who may appeal from the Decision of the Court of Appeals?

Held:

The established rule is that a real party in interest is one who would be benefited or injured by the judgment, or one entitled to the avails of the suit. The word "interest," as contemplated by the Rules, means material interest or an interest in issue and to be affected by the judgment, as distinguished from mere interest in the question involved or a mere incidental interest. Stated differently, the rule refers to a real or present substantial interest as distinguished from a mere expectancy, or a future, contingent, subordinate, or consequential interest. As a general rule, one who has no right or interest to protect cannot invoke the jurisdiction of the court as party-plaintiff in an action.

The CSC and the mayor of Tanudan are real parties in interest in this case and, therefore, can contest the decision of the CA.

The CSC is the party adversely affected because it has been mandated by the Constitution to preserve and safeguard the integrity of our civil service system. Thus, any transgression by herein respondents of the CSC rules and regulations will adversely affect its integrity.

As regards the mayor of Tanudan, there are two (2) reasons why he may interpose such appeal. The first is rooted in his power to appoint officials and employees of his municipality. Both respondents were appointed by petitioner during his incumbency. In Francisco Abella, Jr. v. Civil Service Commission, the Court En Banc held that the municipal mayor, being the appointing authority, is the real party in interest to challenge the CSC's disapproval of the appointment of his appointee.