Case: Montuerto v.

Ty (On Administrative Investigation and Appeals) 2008 October 6 Petition for Review on Certiorari under Rule 45 of the Rules on Civil Procedure seeking reversal of the CA decision affirming in toto the CSC resolution. RATIO: Under section 443(a) and (d) of the Republic Act (R.A.) No 7160 or the Local Government Code, the head of a department or office in the municipal government, such as the Municipal Budget Officer, shall be appointed by the mayor with the concurrence of the majority of all Sangguniang Bayan members, subject to civil service law, rules, and regulations. Verbal concurrence allegedly given by the Sanggunian is not the concurrence required and envisioned under RA 7160. The Sanggunian, as a body, acts through a resolution or an ordinance. PETITIONER: Melanie Montuerto (M.B.O. whose appointment is in question) RESPONDENT: Hon. Mayor Rolando Ty and the Sangguniang Bayan, represented by Hon. Vice-Mayor Richard Jaguros, and all of the Municipality of Almeria, Biliran. FACTS: Petitioner Montuerto was issued an appointment as Municipal Budget Officer by then Mayor Supremo T. Sabitsana of the Municipality of Almeria, Biliran. Her appointment was approved as permanent by Gerardo Corder, Acting CSC Field Officer. The Sangguniang Bayan of Almeria, Biliran passed a resolution requesting the Civil Service Commission Regional Office to revoke the appointment of Mrs. Melanie P. Montuerto, Municipal Budget Officer, for failure to secure the required concurrence from the Sangguniang Bayan. The Municipality of Almeria, Biliran then submitted the 201 file of petitioner to CSC Regional Office which showed that petitioners appointment lacked the required concurrence of the local sanggunian. On the other hand, petitioner submitted to the same office a Joint Affidavit executed by the then members of the Sanggunian, pointing out the fact that since the regular session focused on the deliberations regarding the municipal budget, the concurrence on the appointment of Municipal Budget Officer Melanie P. Montuerto was not highlighted and inadvertently omitted but we can still fully recall that there was really a verbal concurrence on the appointment of M.B.0. Melanie P. Montuerto CSC Regional Office (CSCRo) recalled the appointment of Melanie Montuerto as M.B. Reconsideration was denied. CSC Central Office affirmed CSCRO decision. CA likewise denied. PETITIONER: 1. Acknowledges the lack of formal concurrence from the Sangguniang Bayan. However, petitioner insists that as per the affidavit of the then members of the Sanggunian, there was already a verbal concurrence on her appointment. She insists that this is enough RESPONDENT: 1. Petitioner was not properly appointed without the concurrence of the Sangguniang Bayan.

ISSUE: Whether the appointment of petitioner as Municipal Budget Officer, without the written concurrence of the Sanggunian, but duly approved by the CSC and after the appointee had served as such for almost ten years without interruption, can still be revoked by the Commission Court: Yes, CSC has the authority to recall the appointment of the petitioner. The law is clear. Under section 443(a) and (d) of the Republic Act (R.A.) No 7160 or the Local Government Code, the head of a department or office in the municipal government, such as the Municipal Budget Officer, shall be appointed by the mayor with the concurrence of the majority of all Sangguniang Bayan members, subject to civil service law, rules, and regulations. Verbal concurrence allegedly given by the Sanggunian is not the concurrence required and envisioned under RA 7160. The Sanggunian, as a body, acts through a resolution or an ordinance. Without a valid appointment, petitioner acquired no legal title to the Office of Municipal Budget Officer, even if she had served as such for ten years