FACTS:

Petitioner Manicam M. Bacsasar (petitioner) filed a Petition for Certiorari to nullify the Resolutions of the Court of Appeals (CA) in which she was charged with dishonesty by the Civil Service Commission-Autonomous Region in Muslim Mindanao (CSC-ARMM). The charge stated that petitioner indicated in her Personal Data Sheet (PDS) that she passed the Career Service Professional examination in November 2000 when in fact she did not. Petitioner denied the charge and claimed that she obtained her eligibility from a deceased person without knowing it was spurious. CSC-ARMM found her guilty of dishonesty and imposed a penalty of dismissal from service with all its accessory penalties. The CSC affirmed the decision, and petitioner's motion for reconsideration was denied. Petitioner filed a petition for review with the CA, but it was dismissed as it was filed beyond the extended period.

ISSUES:

1. Whether or not the CA committed a reversible error in affirming the decision of the CSC-ARMM finding petitioner guilty of dishonesty.

2. Whether or not the CA erred in not dismissing the formal charge against the petitioner.

3. Whether or not petitioner was denied due process.

RULING:

1. The petition is denied. The CA correctly dismissed the petition for being tardily filed and for lack of merit. The CSC resolutions have already attained finality and the CA no longer had jurisdiction to alter or nullify them.

PRINCIPLES:

• The perfection of an appeal in the manner and within the period prescribed by law is mandatory. Failure to conform to the rules regarding appeal will render the judgment final and executory and beyond the power of the Court's review. (Talento v. Escalada)

• A decision that becomes final and executory is valid and binding upon the parties and can no longer be disturbed or reopened no matter how erroneous it may have been. (Talento v. Escalada)

• Waiving the right to a formal investigation precludes the party from claiming denial of due process later on. (Talento v. Escalada)