CASE #: 93

TOPIC: Fiscal Independence

G.R. No. 173264 Feb. 22, 2008
TITLE: Civil Service Commission petitioner-appellee, vs. Nita P. Javier respondent-appellant
NATURE OF ACTION: Petition for review on certiorari of the decision and resolution of the CA

FACTS:
Respondent Nita Javier was first employed as a Private Secretary at the GSIS on a confidential
status, she was then promoted to Tabulating Equipment Operator with a permanent status, this
status stayed with her throughout her career
Years later, she was appointed Corporate Secretary of the Board of Trustees of the corporation
In 2001, shy of her 64th birthday, Nita opted for early retirement
Apr. 3, 2002 GSIS President Winston F. Garcia, with the approval of the BOT reappointed Nita as
the Corporate Secretary classifying her position as confidential in nature and tenure of office is at
the pleasure of the Board

Side of the Petitioner/Appellee:

CSC alleges that Nitas reappointment on confidential status was meant to illegally extend her
service and circumvent the laws on compulsory retirement
Under RA 8291, the compulsory retirement age is 65 years old, however a person who has
reached the age compulsory retirement may still be appointed in a confidential position
CSC also noted that the position of Corporate Secretary is a permanent position (career) and
not primarily confidential (non-career)

Side of the Respondent/Appellant:

GSIS and Nita Javier insist that the position of Corporate Secretary is one of primarily
confidential nature

CA RULING:

Sept 29, 2005 CA ruled that the position of Corporate Secretary is a position of primarily
confidential nature
Petitioner CSC filed for reconsideration but this was denied, hence present petition

ISSUES:

WON position of Corporate Secretary is primarily confidential in nature YES

HELD:

According to Jurisprudence, there are two recognized instances when a position may be considered
primarily confidential;

(1) when the President has declared the position to be primarily confidential
(2) in absence of such declaration, when by the nature of the functions of the office there exists close
intimacy between the appointee and the appointing power which insures freedom of intercourse
without embarrassment or freedom from misgivings of betrayals of personal trust or confidential
matters of state

The position of Corporate Secretary of GSIS is clearly in close proximity and intimacy with the appointing
power, it also calls for the highest degree of confidence between the appointer and appointee. The Court
therefore held that Nita reappointment valid and that the CA did not err when it ruled the position to be
primarily confidential in nature.

DOCTRINE:

CONCURRING OR DISSENTING OPINIONS: