DE LA RAMA vs.

CA

Upon his assumption to the position of Mayor of Pagbilao, Quezon, petitioner wrote a letter
to the Civil Service Commission (or CSC), seeking the recall of the appointments of fourteen
(14) municipal employees.
Justifying he alleges that the appointments of the said employees were midnight
appointments of the former mayor, Ma. Evelyn S. Abeja, done in violation of Article VII,
Section 15 of the 1987 Constitution.
The CSC denied petitioners request for the recall of the appointments of the fourteen
employees, for lack of merit.

ISSUE: WON the recall made by the petitioner is valid.

RULING: No. It is the CSC that is authorized to recall an appointment initially approved, but only
when such appointment and approval are proven to be in disregard of applicable provisions of the
civil service law and regulations. Rule V, Section 9 of the Omnibus Implementing Regulations of the
Revised Administrative Code specifically provides that an appointment accepted by the appointee
cannot be withdrawn or revoked by the appointing authority and shall remain in force and in effect
until disapproved by the Commission.