Digest Author: Bugsy
BEJA, SR. v. COURT OF APPEALS (1992)
Petitioner: Fidencio Y. Beja, Sr.
Respondent: Court of Appeals, Hon. Reinerio Reyes, Commodore
Rogelio Dayan, DTC, AAB, Justice Onofre Villaluz, DOTC
Ponencia: Romero, J.
DOCTRINE: An attached agency has larger measure of independence borne
by the lateral relationship between the Department and the attached agency.
FACTS:
1. BEJA was employed by PFA as arrastre supervisor in 1975. He
became Assistant Port Operations Officer in 1977.
2. As a result of the reorganization of the PHILIPPINE PORTS
AUTHORITY (PPA), he was appointed Terminal Supervisor.
3. PPA General Manager, DAYAN, filed an Administrative Case against
BEJA and one VILLALUZ, allegedly erroneously assessed storage
fees resulting in the loss of P38,150.77
4. The two were preventively suspended. But after a preliminary
investigation conducted by the district attorney, the case was
"considered closed for lack of merit."
5. Few months after, another charge sheet was filed against BEJA by
the PPA GM also for dishonesty, grave misconduct, violation of
reasonable office rules and regulations, conduct prejudicial to the
best interest of the service and for being notoriously undesirable.
6. The PPA GM indorsed it to the ADMINISTRATIVE ACTION BOARD
for "appropriate action."
7. AAB exonerated BEJA from the charge against him and VILLALUZ,
and ordered that BEJA be dismissed from service. AAB also
pronounced BEJA to be disqualified from re-employment and
recommended that his eligibility be cancelled.
8. BEJA elevated the case to the SC through an appeal by certiorari
with preliminary injunction and/or temporary restraining order.
ISSUES:
 WON PPA GM has the authority to issue preventive suspension
 WON the DOTC and/or the AAB has the jurisdiction to initiate and
hear administrative cases against PPA personnel below the rank of
Assistant GM
PROVISION: Book IV, Chapter 7 of the Administrative Code of 1987
RULING + RATIO:
YES
 The PPA GM is the disciplining authority who may, by himself and
without the approval of the PPA Board of Directors, subject a
respondent in an administrative case to preventive suspension.
 Preventive suspension is not a penalty in itself and is merely a
measure of precaution so that the employee who is charged may be
separated, for obvious reasons, from the scene of his alleged
misfeasance while the same is being investigated.
NO
 P.D No. 857 substituted P.D No. 505 and "attached" (for policy and
program coordination) the PPA to the then Department of Public
Works, Transportation and Communication.
o "Attachment" of an agency to a Department is one of
the three administrative relationships mentioned in Book
IV, Chapter 7 of the Administrative Code of 1987, the
other two being "Supervision and Control" and
"Administrative Control."
o An Attached Agency has a larger measure of
independence from the Department to which it is
attached than the one which is under departmental
supervision and control or administrative supervision.
(Borne by the "lateral relationship" between the
Department and the Attached Agency)
o With respect to management of personnel, an Attached
Agency is free from Departmental interference and
control.
 THE PPA GM, along with the power to investigate personnel below
the rank of Assistant Manager who may be charged with an
administrative offense, has the power to remove erring employees
with the approval of the PPA BOD.
 In this case, PPA GM's complaint to the AAB was premature, there
being failure on the part of PPA GM to seek the approval of the
PPA BOD.
DISPOSITION: the decision regarding the power of the PPA GM to subject
BEJA to preventive suspension is AFFIRMED and that of the jurisdiction of
the DOTC and/or ABB to act on BEJA's case is hereby REVERSED.