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In a Memorandum dated October 30, 1986, the

PUBLIC Secretary, of Justice notified petitioner Garcia of


the termination of her services as Deputy
Register of Deeds II on the ground that she was

OFFICERS "receiving bribe money". Memorandum of


Termination which took effect on February 9,
1987, was the subject of an appeal to the Inter-
Agency Review Committee which in turn
referred the appeal to the Merit Systems
SUBMITTED BY: Protection Board (MSPB). MSPB dropped the
appeal of petitioner Garcia on the ground that
JOSHUA ANGELO A. CARINGAL
since the termination of her services was due to
2007-46385
the expiration of her temporary appointment, her
separation is in order. Her motion for
reconsideration was denied.
PUBLIC OFFICE AND PUBLIC OFFICERS
The CSC in its resolution directed that Garcia be
restored to her position as Deputy Register of
National Land Titles and Deeds Registration Deeds II or its equivalent in the NALTDRA. It
Administration (NALTDRA) v. CSC; April 7, held that "under the vested right theory the new
1993; Campos Jr, J. requirement of BAR membership to qualify for
Facts: permanent appointment as Deputy Register of
Deeds II or higher as mandated under said
Violeta Garcia, Bachelor of Laws graduate and a Executive Order, would not apply to her (private
first grade civil service eligible was appointed respondent Garcia) but only to the filling up of
Deputy Register of Deeds VII under permanent vacant lawyer positions on or after February 9,
status, said position was later reclassified to 1981, the date said EO took effect.
Deputy Register of Deeds III pursuant to PD
1529. She was for two years, more or less, PET argument: NALTDRA assails the validity
designated as Acting Branch Register of Deeds of the above Resolution of the CSC arguing that
of Meycauayan, Bulacan. Sections 8 and 10 of EO No. 649 abolished all
existing positions in the LRC and transferred
By virtue of Executive Order No. 649 (which their functions to the new offices created the EO,
took effect on February 9, 1981) which which required the issuance of new
authorized the restructuring of the Land appointments to qualified office holders. EO.
Registration Commission to National Land 649 applies to Garcia, not being a member of the
Titles and Deeds Registration Administration Bar, she cannot be reinstated to her former
and regionalizing the Offices of the Registers position as Deputy Register of Deeds II.
therein, petitioner Garcia was issued an
appointment as Deputy Register of Deeds II on
October 1, 1984, under temporary status, for not Issue:
being a member of the Philippine Bar. She
appealed to the Secretary of Justice but her WON The bar membership requirement under
request was denied. MR was not acted upon EO 649 should apply to Garcia and those
already in service at the time of the
On October 23, 1984, petitioner Garcia was implementation of EO 649 – YES
administratively charged with Conduct
Prejudicial to the Best Interest of the Service.
While said case was pending decision, her
temporary appointment as such was renewed in Ratio:
1985. Executive Order No. 649 which authorized
the reorganization of the Land Registration
Commission (LRC) into the National Land There is no such thing as a vested interest in
Titles and Deeds Registration an office, or even an absolute right to hold
Administration (NALTDRA), reveals that it. Except constitutional offices, which
said law in express terms, provided for the provide for special immunity as regards
abolition of existing positions, to wit: salary and tenure, no one can be said to have
o Sec. 8. Abolition of Existing any vested right in an office or its salary.
Positions in the Land Registration None of the exceptions to this rule are
Commission . . . obtaining in this case.

All structural units in LRC and in the To reiterate, the position which private
registries of deeds, and all Positions therein respondent Garcia would like to occupy
shall cease to exist from the date specified in anew was abolished pursuant to Executive
the implementing order to be issued by the Order No. 649, a valid reorganization
President pursuant to the preceding measure. There is no vested property right
paragraph. Their pertinent functions, to be re employed in a reorganized office.
applicable appropriations, records, Not being a member of the Bar, the
equipment and property shall be transferred minimum requirement to qualify under the
to the appropriate staff or offices therein reorganization law for permanent
created. appointment as Deputy Register of Deeds II,
she cannot be reinstated to her former
The law mandates that from the moment an position without violating the express
implementing order is issued, all positions in mandate of the law.
the Land Registration Commission are Secretary of DOTC v. Mabalot; Feb. 27,
deemed non-existent. 2002; Buena, J.

This, however, does not mean removal. Facts:


Abolition of a position does not involve
removal, for the reason that removal implies On 19 February 1996, then DOTC Secretary
that the post subsists and that one is merely Jesus B. Garcia, Jr., issued Memorandum Order
separated therefrom. After abolition, there is No. 96-735 addressed to LTFRB Chairman
in law no occupant. Thus, there can be no Dante Lantin; “directing to effect the transfer of
tenure to speak of. It is in this sense that regional functions of that office(LTFRB) to the
from the standpoint of strict law, the DOTCCAR Regional Office, pending the
question of any impairment of security of creation of a regular Regional Franchising and
tenure does not arise. Regulatory Office thereat, pursuant to Section 7
of Executive Order No. 202. Organic personnel
If the newly created office has substantially of DOTC-CAR shall perform the LTFRB
new, different or additional functions, duties functions on a concurrent capacity subject to the
or powers, so that it may be said in fact to direct supervision and control of LTFRB Central
create an office different from the one Office.”
abolished, even though it embraces all or Respondent Roberto Mabalot filed a petition for
some of the duties of the old office it will be certiorari and prohibition with prayer for
considered as an abolition of one office and preliminary injunction and/or restraining order,
the creation of a new or different one. The against petitioner and LTFRB Chairman Lantin,
same is true if one office is abolished and its before the RTC praying that Memorandum
duties, for reasons of economy are given to Order No. 96-735 be declared illegal and
an existing officer or office. without effect.
Pending trial, Secretary Lagdameo issued the o The President, through
assailed Department Order No. 97-1025, Administrative Order No. 36, did
implementing the assailed Memorandum Order not merely authorize but directed
the various departments and
RTC: Declared the Memorandum Order as null agencies of government to
and void and without legal effect. immediately undertake the creation
RESP Argument: Memo order, unconstitutional and establishment of their regional
for being undue exercise of legislative powers. offices in the CAR.

Issue:  In the same vein, Section 20, Book III of


E.O. No. 292, otherwise known as the
WON Memorandum Order is valid – YES
Administrative Code of 1987, provides a
Ratio: strong legal basis for the Chief Executives
authority to reorganize the National
 The President through his duly constituted Government, viz:
political agent and alter ego, the DOTC o Section 20. Residual Powers. -
Secretary in the present case may validly Unless Congress provides
decree the reorganization of the otherwise, the President shall
Department, particularly the establishment exercise such other powers and
of DOTC-CAR as the LTFRB Regional functions vested in the President
Office at the CAR, with the concomitant which are provided for under the
transfer and performance of public functions laws and which are not specifically
and responsibilities appurtenant to a regional enumerated above or which are not
office of the LTFRB. delegated by the President in
accordance with law.
 A public office may be created through any
of the following modes, to wit, either (1) by
the Constitution, (2) by law (statute duly  In fine, the designation and subsequent
enacted by Congress), or (3) by authority of establishment of DOTC-CAR as the
law. Regional Office of LTFRB in the Cordillera
 The creation and establishment of LTFRB- Administrative Region and the concomitant
CAR Regional Office was made pursuant to exercise and performance of functions by
the third mode - by authority of law, which the former as the LTFRB-CAR Regional
could be decreed for instance, through an Office, fall within the scope of the
Executive Order (E.O.) issued by the continuing authority of the President to
President or an order of an administrative effectively reorganize the Department of
agency such as the CSC pursuant to Section Transportation and Communications.
17, Book V of E.O. 292
o The DOTC Secretary issued the Dario v. Mison; August 8, 1989; Sarmiento, J.
assailed Memorandum and
Department Orders pursuant to Facts:
Administrative Order No. 36 of
the President, On March 25, 1986, President Corazon Aquino
o Which provides: The various promulgated Proclamation No. 3, which
departments and other agencies of provides for the adoption of a provisional
the National Government that are constitution and providing for an orderly
currently authorized to maintain transition to a Government under a new
regional offices are hereby directed constitution. Sec. 1 of which provides that The
to establish forthwith their President shall give priority to measures to
respective regional offices In the achieve the mandate of the people to: (a)
Cordillera Administrative Region Completely reorganize the government,
eradicate unjust and oppressive structures, and DoJ rendered Opinion 33, stating that PD 51 was
all iniquitous vestiges of the previous regime. never published in the OG, thus has no force and
effect and thus cannot be basis for the
On January 30, 1987, the President promulgated establishment of CSU’s . CSC issued
Executive Order No. 127, "Reorganizing the Memorandum 30 calling for the revocation and
Ministry of Finance." Among other offices, recall of all appointees in CSU’s pursuant to
Executive Order No. 127 provided for the PD51, and among those affected were
reorganization of the Bureau of Customs and Respondents.
prescribed a new staffing pattern therefor. Three
days later, on February 2, 1987, 11 the Filipino For Quezon City CSU employees, the effects of
people adopted the new Constitution. the circular were temporarily cushioned by the
enactment of City Ordinance No. NC-140,
Commissioner of Customs Salvador Mison Series of 1990, which established the
issued a Memorandum “Guidelines on the Department of Public Order and Safety (DPOS),
Implementation of Reorganization Executive which absorbed the employees of the CSU.
Orders," prescribing the procedure in personnel
placement. Some employees were re-appointed, Despite the provision on absorption, the regular
some offered another position, and others were and permanent positions in the DPOS were not
terminated. filled due to lack of funds for the new DPOS and
the insufficiency of regular and permanent
A total of 394 officials and employees of the positions created.
Bureau of Customs were given individual
notices of separation. A number supposedly Mayor Brigido R. Simon remedied the situation
sought reinstatement with the Reorganization by offering private respondents contractual
Appeals Board while others went to the Civil appointments for the period of June 5, 1991 to
Service Commission. December 31, 1991. The appointments were
renewed by Mayor Simon for the period of
On June 30, 1988, the Civil Service Commission January 1, 1992 to June 30, 1992.
promulgated its ruling ordering the reinstatement
of the 279 employees On May 11, 1992, petitioner Ismael A. Mathay,
Jr. was elected Mayor of Quezon City. On July
1, 1992, Mayor Mathay again renewed the
contractual appointments of all private
respondents effective July 1 to July 31, 1992.
Issue: Upon their expiry, these appointments, however,
were no longer renewed. After the non-renewal
WON the reorganization of the Bureau of
of their appointments, private respondents in
Customs was valid – NO
these two petitions appealed to the Civil Service
Commission.
CSC: The CSC issued separate resolutions
holding that the reappointment of private
Mathay v CA; December 15, 1999; Ynares- respondents to the DPOS was automatic,
Santiago, J. pursuant to the provision on absorption in
Quezon City Ordinance No. NC-140, Series of
Facts:
1990, and ordering their reinstatement to their
During his term as Mayor of QC, Brigido R. former positions in the DPOS.
Simon appointed private respondents to
positions in the Civil Service Unit (CSU) of of CA: Dismissed certiorari
Quezon City. CSU’s were created pursuant to
PD 51 which was allegedly signed into law on
November 15 or 16, 1972. Issue:
1. WON the CSC has the authority to direct appointment of a specific individual be
Mathay reinstate respondents to the DPOS – NO made.

2. WON Respondents should be automatically


 Civil Service Commission erred when it absorbed in the DPOS - NO
applied the directives of Ordinance NC-140
and in so doing ordered petitioner to  Since the CSU never legally came into
reinstate private respondents to positions in existence, the private respondents never held
the DPOS. Section 3 of the said Ordinance permanent positions. Accordingly, as
is invalid for being inconsistent with B.P. petitioner correctly points out, the private
337 (Old LGC) respondents appointments in the defunct
o Section 3 of the questioned CSU were invalid ab initio.
Ordinance directs the absorption of  Their seniority rights and permanent status
the personnel of the defunct CSU did not arise since they have no valid
into the new DPOS. appointment. For them to enter the Civil
o The Ordinance refers to personnel Service after the revocation and cancellation
and not to positions. of their invalid appointment, they have to be
o Hence, the city council extended an original appointment, subject
or sanggunian, through the again to the attesting power of the Civil
Ordinance, is in effect dictating who Service Commission.
shall occupy the newly created  Being then not members of the Civil Service
DPOS positions. as of June 4, 1991, they cannot be
o However, a review of the provisions automatically
of B.P. 337 shows that the power to absorbed/reappointed/appointed/reinstated
appoint rests exclusively with the into the newly created DPOS.
local chief executive and thus  It is axiomatic that the right to hold public
cannot be usurped by the city office is not a natural right. The right
council or sanggunian through the exists only by virtue of a law expressly or
simple expedient of enacting impliedly creating and conferring it. Since
ordinances that provide for the PD 51 creating the CSU never became law,
absorption of specific persons to it could not be a source of rights. Neither
certain positions. could it impose duties. It could not afford
 The power of the city council or any protection. It did not create an office.
sanggunian, on the other hand, is limited It is as inoperative as though it was never
to creating, consolidating and reorganizing c passed.
ity officers and positions supported by local  A void appointment cannot give rise to
funds. The city council has no power to security of tenure on the part of the holder of
appoint. the appointment.
 By ordering petitioner to reinstate private
respondents pursuant to Section 3 of the 3. O/N CSC has standing to appeal CA decision
Ordinance, the Civil Service Commission declaring that CSC has no authority to compel the
substituted its own judgment for that of Mayor to reinstate Jovito Labajo to the DPOS –
the appointing power. This cannot be NO
done.
 In a long line of cases, we have consistently  We note that the person adversely affected by
ruled that the Civil Service Commissions the Court of Appeals decision, Jovito C.
power is limited to approving or Labajo has opted not to appeal.
disapproving an appointment. It does not  CSC not real party in interest
have the authority to direct that an
Preclaro v. Sandiganbayan, August 21, 1995; petitioner in an entrapment plan and the
Kapunan, J. information was filed and was convicted by the
Sandiganbayan for violation of RA 3019.
PET Argument: not a public officer, because he
Facts: was neither elected nor appointed to a public
Petitioner Engr. Preclaro was charged before the office. Rather, petitioner maintains that he is
Sandiganbayan with a violation of Sec. 3(b) of merely a private individual hired by the ITDI on
R.A. No. 3019 otherwise known as the Anti- contractual basis for a particular project and for
Graft and Corrupt Practices Act. a specified period

The Chemical Mineral Division of the Industrial Issue:


Technology Development Institute (ITDI), a WON Petitioner is a Public Officer – YES
component of the Department of Science and
Technology (DOST) employed Petitioner under Ratio:
a written contract of services as Project Manager
to supervise the construction of the ITDI-CMD  The definition of "public officer" in R.A.
(JICA) Building at the DOST Compound in No. 3019 which, according to Sec. 2(b)
Bicutan. thereof "includes elective and appointive
officials and employees, permanent or
The contract was to remain in effect from temporary, whether in the classified or
October 1, 1989 up to the end of the unclassified or exemption service
construction period unless sooner terminated. receiving compensation, even nominal, from
Petitioner was to be paid a monthly salary drawn the government
from counter-part funds duly financed by  The word "includes" used in defining a
foreign-assisted projects and government funds public officer in Sec. 2(b) indicates that the
duly released by the Department of Budget and definition is not restrictive. The terms
Management. "classified, unclassified or exemption
service" were the old categories of positions
To build the aforementioned CMD Structure,
in the civil service which have been
DOST contracted the services of the Jaime Sta.
reclassified into Career Service and Non-
Maria Construction Company with Engr.
Career Service by PD 807 providing for the
Alexander Resoso, as the company's project
organization of the Civil Service
engineer.
Commission and by the Administrative
Alexander Resoso, Project Engineer of the Sta. Code of 1987
Maria Construction Company, was in the  The Non-Career Service shall include: xxx
process of evaluating a Change Order for some Contractual personnel or those whose
electricals in the building construction when employment in the government is in
petitioner approached him at the project site and accordance with a special contract to
mentioned that expenses in the Change Order undertake a specific work or job,
will be deductive (meaning, charged to the requiring special or technical skills not
contractor by deducting from the contract price), available in the employing agency, to be
instead of additive (meaning, charged to the accomplished within a specific period,
owner). Petitioner intimated that he can forget which in no case shall exceed one year, and
about the deductive provided he gets performs or accomplishes the specific work
P200,000.00, a chunk of the contractor's profit or job, under his own responsibility with a
which he roughly estimated to be around minimum of direction and supervision from
P460,000.00 the hiring agency
 Petitioner falls under the non-career service
Sta. Maria Sr. (owner of construction company). category (formerly termed the unclassified
and Resoso proceeded to the NBI to report the or exemption service) of the Civil Service
incident. They along with the NBI cought
and thus is a public officer as defined by concerned. This was done by the accused and
Sec. 2(b) of the Anti-Graft & Corrupt after the signing by Felix Rabia the matter was
Practices Act (R.A. No. 3019). submitted to the Court, which granted the
 The fact that petitioner is not required to petition for dismissal.
record his working hours by means of a
According to Felix Rabia and Agent No. 19
bundy clock or did not take an oath of
(Laforteza) of the NBI, the accused informed
office became unessential considerations
Rabia that the latter was subject to a fine of P15;
in view of the above-mentioned provision
that Rabia inquired whether the same could be
of law clearly including petitioner within
reduced because he had no money, and that the
the definition of a public officer.
accused informed Rabia that he could fix the
 Among petitioner's duties as project
case if Rabia would pay him P10; which
manager is to evaluate the contractor's
Rabia did and the accused pocketed. This
accomplishment reports/billings, hence, as
charged was denied by the accused.
correctly ruled by the Sandiganbayan he has
the "privilege and authority to make a
favorable recommendation and act
favorably in behalf of the government," Issue:
signing acceptance papers and approving WON Petitioner is a public official under the
deductives and additives are some RPC and may be charged with bribery – YES
examples.

Maniego v. People; April 20, 1951; Bengzon,


J.
Ratio:
Facts:
As correctly indicated by counsel for petitioner
Accused, although appointed as a laborer, had the four essential elements of the offense are: (1)
been placed in charge of issuing summons and that the accused is a public officer within the
subpoenas for traffic violations in the Sala of scope of article 203 of the Revised Penal Code;
Judge Crisanto Aragon of the Municipal Court (2) that the accused received by himself or thru
of the City of Manila. another, some gift or present, offer or promise;
(3) that such gift, present or promises has been
That the accused had been permitted to write given in consideration of his commission of
motions for dismissal of prescribed traffic cases some crime or any act not constituting a crime;
against offenders without counsel, and to submit (4) that the crime or act relates to the exercise of
them to the Court for action, without passing the functions of the public officer.
through the regular clerk.
Petitioner was a public officer within the
Felix Rabia, the complainant herein, appeared meaning of article 203, which includes all
and inquired from the accused about a subpoena persons "who, by direct provision of law,
that he received. He was informed that it was in popular election or appointment by competent
connection with a traffic violation for which said authority, shall take part in the performance of
Rabia had been detained and given traffic public functions in the Philippine Government,
summons by an American MP. or shall perform in said government or any of its
The accused after a short conversation went to branches, public duties as an employee, agent or
Fiscal De la Merced and informed the Fiscal that subordinate official or any rank or class." That
the case had already prescribed. The Fiscal definition is quite comprehensive, embracing as
having found such to be the case, instructed the it does, every public servant from the highest to
accused that if the traffic violator had no the lowest. For the purposes of the Penal Code,
lawyer, he could write the motion for it obliterates the standard distinction in the law
dismissal and have it signed by the party
of public officers between "officer" and Centennial Celebrations within six (6) months
"employee". from the effectivity of the Executive Order.
For the purposes of punishing bribery, the Subsequently, a corporation named the
temporary performance of public functions is Philippine Centennial Expo 98 Corporation
sufficient to constitute a person a public official. (Expocorp) was created. Petitioner was among
This opinion, it must be stated, was followed the nine Expocorp incorporators, who were also
and applied by the Court of Appeals because the its first nine directors. Petitioner was elected
accused, although originally assigned to the Expocorp Chief Executive Officer.
preparation of summons and subpoenas, had
been allowed in some instance to prepare Senator Coseteng delivered a privilege speech in
motions for dismissal of traffic cases. the Senate denouncing alleged anomalies in the
construction and operation of the Centennial
Enough to recall that although originally Exposition Project at the Clark Special
appointed as a mere laborer, this defendant was Economic Zone. Upon motion of Senator
on several occasions designated or given the Franklin Drilon, Senator Cosetengs privilege
work to prepare motions for dismissal. He was speech was referred to the The Blue Ribbon
consequently temporarily discharging such Committee and several other Senate Committees
public functions. And as in the performance for investigation. President Joseph Estrada
thereof he accepted, even solicited, monetary issued Administrative Order No. 35, creating an
reward, he certainly guilty as charged. ad hoc and independent citizens committee to
investigate all the facts and circumstances
Laurel v. Destiero; April 12, 2002; Kapunan, surrounding the Philippine centennial projects,
J. including its component activities.
Facts: Blue Ribbon Committee filed with the Secretary
Corazon C. Aquino issued AO 223 constituting of the Senate its Committee Final Report No. 30
a Committee for the preparation of the National Among the Committees recommendations was
Centennial Celebration in 1998. The Committee the prosecution by the Ombudsman/DOJ of Dr.
was mandated to take charge of the nationwide Salvador Laurel, chair of NCC and of
preparations for the National Celebration of the EXPOCORP for violating the rules on public
Philippine Centennial of the Declaration of bidding, relative to the award of centennial
Philippine Independence and the Inauguration of contracts to AK (Asia Construction &
the Malolos Congress. Development Corp.); for exhibiting manifest
bias in the issuance of the NTP (Notice to
President Fidel V. Ramos issued EO 128, Proceed) to AK to construct the FR (Freedom
reconstituting the Committee for the preparation Ring) even in the absence of a valid contract that
of the National Centennial Celebrations in 1998. has caused material injury to government and for
It renamed the Committee as the National participating in the scheme to preclude audit by
Centennial Commission (NCC). Appointed to COA of the funds infused by the government for
chair the reconstituted Commission was Vice- the implementation of the said contracts all in
President Salvador H. Laurel. Presidents violation of the anti-graft law.
Diosdado M. Macapagal and Corazon C. Aquino
were named Honorary Chairpersons.
Characterized as an ad-hoc body, the existence Issue:
of the Commission shall terminate upon the
completion of all activities related to the WON Petitioner as chair of the NCC is a public
Centennial Celebrations officer – YES
Commission was also charged with the Ratio:
responsibility to prepare, for approval of the
President, a Comprehensive Plan for the  The Ombudsman has the power to
investigate any malfeasance, misfeasance
and non-feasance by a public officer or State shall conserve, promote, and
employee of the government, or of any popularize the nations historical
subdivision, agency or instrumentality and cultural heritage and
thereof, including government-owned or resources, as well as artistic
controlled corporations. creations.
 The NCC was precisely created to execute
 A definition of public officers cited in the foregoing policies and objectives, to
jurisprudence is that provided by Mechem, a carry them into effect. Thus, the
recognized authority on the subject: Commission was vested with the following
o A public office is the right, functions: (a) To undertake the overall study,
authority and duty, created and conceptualization, formulation
conferred by law, by which, for a and implementation of programs and projects
given period, either fixed by law or on the utilization of culture, arts, literature
enduring at the pleasure of the and media as vehicles for history, economic
creating power, an individual is endeavors, and reinvigorating the spirit of
invested with some portion of the national unity and sense of accomplishment
sovereign functions of the in every Filipino in the context of the
government, to be exercised by Centennial Celebrations.
him for the benefit of the public.
 Surely, a town fiesta cannot compare to the
The individual so invested is a
National Centennial Celebrations. The
public officer
o The characteristics of a public Centennial Celebrations was meant to
office, according to Mechem, commemorate the birth of our nation after
centuries of struggle against our former
include the delegation of sovereign
functions, its creation by law and colonial master, to memorialize the liberation
not by contract, an oath, salary, of our people from oppression by a foreign
power. 1998 marked 100 years of
continuance of the position, scope of
duties, and the designation of the independence and sovereignty as one united
position as an office. nation. The Celebrations was an occasion to
o Mechem describes the delegation to reflect upon our history and reinvigorate our
patriotism. As A.O. 223 put it, it was a
the individual of some of the
vehicle for fostering nationhood and a strong
sovereign functions of government
as the most important characteristic sense of Filipino identity, an opportunity to
showcase Filipino heritage and thereby
in determining whether a position is
a public office or not. strengthen Filipino values.
 Clearly, the NCC performs sovereign
functions. It is, therefore, a public office, and
 NCC performs executive functions. The
petitioner, as its Chair, is a public officer.
executive power is generally defined as the
power to enforce and administer the laws. It  That petitioner allegedly did not receive any
is the power of carrying the laws into compensation during his tenure is of little
practical operation and enforcing their due consequence. A salary is a usual but not a
observance. The executive function, necessary criterion for determining the nature
therefore, concerns the implementation of of the position. It is not conclusive. The
the policies as set forth by law. salary is a mere incident and forms no part of
the office. Where a salary or fees is annexed,
the office is provided for it is a naked or
 The Constitution provides in Article XIV
honorary office, and is supposed to be
thereof:
accepted merely for the public good
o Sec. 15. Arts and letters shall enjoy
the patronage of the State. The
 Neither is the fact that the NCC was form the RDO [Research and
characterized by E.O. No. 128 as an ad-hoc Development Office] – YES
body make said commission less of a public
office. Ratio:
 In Re Corliss. There the Supreme Court of
Rhode Island ruled that the office of  1987 Revised Administrative Code goes on
to provide as follows:
Commissioner of the United States
o Sec. 17. Organizational Structure. —
Centennial Commission is an office of
Each office of the Commission shall
trust as to disqualify its holder as elector of
the United States President and Vice- be headed by a Director with at least
President. (Under Article II of the United one (1) Assistant Director, and may
States Constitution, a person holding an have such divisions as are necessary
office of trust or profit under the United to carry out their respective
States is disqualified from being appointed an functions. As an independent
elector.) constitutional body, the Commission
may effect chances in the
organization as the need arises.
Fernandez v. Sto. Tomas; March 7, 1995;
 The objectives sought by the Commission in
Feliciano, J.
enacting Resolution No. 94-3710 were
described in that Resolution in broad terms as
"effecting changes in the organization to
Facts: streamline the Commission's operations and
Petitioner Fernandez was serving as Director of improve delivery of service." These changes
the Office of Personnel Inspection and Audit in internal organization were rendered
("OPIA") while petitioner de Lima was serving as necessary by, on the one hand, the
Director of the Office of the Personnel Relations decentralization and devolution of the
("OPR"), both at the Central Office of the Civil Commission's functions effected by the
Service Commission creation of fourteen (14) Regional Offices
and ninety-five (95) Field Offices of the
While petitioners were so serving, Resolution No. Commission throughout the country, to the
94-3710 signed by public respondents Patricia A.. end that the Commission and its staff may be
Sto. Tomas and Ramon Ereneta, Jr., Chairman brought closer physically to the government
and Commissioner, respectively, of the employees that they are mandated to serve.
Commission. o Upon the other hand, the dispersal of
The OCSS [Office of Career Systems and the functions of the Commission to
Standards], OPIA [Office of Personnel Inspection the Regional Offices and the Field
and Audit] and OPR [Office of Personnel Offices attached to various
Relations] are merged to form the Research and governmental agencies throughout
Development Office (RDO). the country makes possible the
implementation of new programs of
the Commission at its Central Office
Issue:
in Metropolitan Manila.
1. WON the Civil Service Commission had
 The Commission's Office Order assigning
legal authority to issue Resolution No.
petitioner de Lima to the CSC Regional
94-3710 to the extent it merged the
Office No. 3 was precipitated by the
OCSS [Office of Career Systems and
incumbent Regional Director filing an
Standards], the OPIA [Office of
application for retirement, thus generating a
Personnel Inspection and Audit] and the
need to find a replacement for him. Petitioner
OPR [Office of Personnel Relations], to
de Lima was being assigned to that Regional
Office while the incumbent Regional
Director was still there to facilitate her take  Section 26(7), Book V, Title I, Subtitle A of
over of the duties and functions of the the 1987 Revised Administrative Code
incumbent Director. Petitioner de Lima's recognizes reassignment as a management
prior experience as a labor lawyer was also a prerogative vested in the Commission and,
factor in her assignment to Regional Office for that matter, in any department or agency
No. 3 where public sector unions have been of government embraced in the civil service
very active. o Reassignment. An employee may be
 Petitioner Fernandez's assignment to the re-assigned from one organizational
CSC Regional Office No. 5 had, upon the unit to another in the same agency,
other hand, been necessitated by the fact that Provided, That such re-assignment
the then incumbent Director in Region V was shall not involve a reduction in rank
under investigation and needed to be status and salary.
transferred immediately to the Central
Office. Petitioner Fernandez was deemed the  Reassignment of petitioners Fernandez and
most likely designee for Director of Regional de Lima had been effected with express
Office No. 5 considering that the functions statutory authority and did not constitute
previously assigned to him had been removals without lawful cause.
substantially devolved to the Regional  It also follows that such re-assignment did
Offices such that his reassignment to a not involve any violation of the
Regional Office would result in the least constitutional right of petitioners to security
disruption of the operations of the Central of tenure considering that they retained their
Office positions of Director IV and would continue
 Petitioners argue that Resolution No. 94- to enjoy the same rank, status and salary at
3710 effected the "abolition" of public their new assigned stations which they had
offices, something which may be done only enjoyed at the Head Office of the
by the same legislative authority which had Commission in Metropolitan Manila.
created those public offices in the first place. Petitioners had not, in other words, acquired
a vested right to serve at the Commission's
 We consider that Resolution No. 94-3710 has Head Office.
not abolished any public office as that term is
used in the law of public officers
 It is essential to note that none of the Segovia v. Noel; March 4, 1925; Malcom, J.
"changes in organization" introduced by Facts:
Resolution No. 94-3710 carried with it or
necessarily involved the termination of the Vicente Segovia was appointed justice of the
relationship of public employment between peace of Dumanjug, Cebu, on January 21, 1907.
the Commission and any of its officers and He continuously occupied this position until
employees. having passed sixty-five mile- stones, he was
 To the contrary, the legislative authority ordered by the Secretary of Justice on July 1,
had expressly authorized the Commission to 1924, to vacate the office. Since that date, Pedro
carry out "changes in the organization," as Noel, the auxiliary justice of the peace has acted
the need [for such changes] arises.(admin as justice of the peace for the municipality of
code) Dumanjug.
Segovia being desirous of avoiding a public
scandal and of opposing physical resistance to
the occupancy of the office of justice of the
2. WON Security of tenure was violated – NO peace by the auxiliary justice of the peace,
instituted friendly quo warranto proceedings in
the Court of First Instance of Cebu to inquire public interests shall so require, for any
into the right of Pedro Noel to occupy the office other minor political division or unorganized
of justice of the peace, to oust the latter territory in said Islands." It was this section
therefrom. which section 1 of Act No. 3107 amended
by adding at the end thereof the following
Pedro Noel interposed a demurrer on the ground proviso: "Provided, That justices and
that it did not allege facts sufficient to constitute auxiliary justices of the peace shall be
a cause of action, because Act No. 3107 was appointed to serve until they have reached
constitutional and because Mr. Segovia being the age of sixty-five years." But section 206
sixty-five years old had automatically ceased to of the Administrative Code entitled "Tenure
be justice of the peace. On the issue thus framed of office," and reading "a justice of the
and on stipulated facts, judgment was rendered peace having the requisite legal
by Honorable Adolph Wislizenus, Judge of First qualifications shall hold office during good
Instance, overruling the demurrer, and in favor behavior unless his office be lawfully
of petitioner and against respondent. abolished or merged in the jurisdiction of
Issue: some other justice," was left unchanged by
Act No. 3107.
WON that portion of Act No. 3107 which
provides, that justices of the peace and auxiliary
justices of the peace shall be appointed to serve  The language of Act No. 3107 amendatory
until they have reached the age of sixty- five of section 203 of the Administrative Code,
years, should be given retroactive or prospective gives no indication of retroactive effect.
effect. - Prospective The law signifies no purpose of operating
upon existing rights. A proviso was merely
Ratio: tacked on to section 203 of the
Administrative Code, while leaving intact
 In section 67 of Act No. 136, wherein it was
section 206 of the same Code which permits
provided that justices of the peace shall hold
justices of the peace to hold office during
office during the pleasure of the
good behavior. In the absence of
Commission. Act No. 1450, in force when
provisions expressly making the law
Vicente Segovia was originally appointed
applicable to justices of the peace then in
justice of the peace, amended section 67 of
office, and in the absence of provisions
the Judiciary Law by making the term of
impliedly indicative of such legislative
office of justices and auxiliary justices of the
intent, the courts would not be justified in
peace two years from the first Monday in
giving the law an interpretation which
January nearest the date of appointment.
would legislate faithful public servants
 Shortly after Segovia's appointment, out of office.
however, the law was again amended by Act
No. 1627 by providing that "all justices of
the peace and auxiliary justices of the  Answering the question with which we
peace shall hold office during good began our decision, we hold that the proviso
behavior and those now in office shall so added to section 203 of the Administrative
continue. Code by section 1 of Act No. 3107,
providing that justices and auxiliary justices
 Codal section 203 in its first paragraph of the peace shall be appointed to serve until
provides that "one justice of the peace and they have reached the age of sixty-five
one auxiliary justice of the peace shall be years, should be given prospective effect
appointed by the Governor-General for the only, and so is not applicable to justices of
City of Manila, the City of Baguio, and for the peace and auxiliary justices of the
each municipality, township, and municipal peace appointed before Act No. 3107 went
district in the Philippine Islands, and if the into force. Consequently, it results that the
decision of the trial court is correct in its to receive the difference in RATA provided for
findings of fact and law and in its under the Local Budget Circular issued by the
disposition of the case. Department of Budget and Management
considering that the party designating him to
such position is not the duly competent
DE FACTO OFFICERS authority, provided for under Section 471 of the
Local Government Code. Notably, petitioner
Dimaandal v. COA; June 26, 1998; Martinez, was appointed as Assistant Provincial Treasurer
J. for Administration by the Secretary of Finance
only on July 8, 1994.
Facts:
Issue:
On November 23, 1992, PET Zosimo M.
Dimaandal, then holding the position of Supply WON an employee who is designated in an
Officer III, was designated Acting Assistant acting capacity is entitled to the difference in
Provincial Treasurer for Administration by then salary between his regular position and the
Gov. Vicente A. Mayo of Batangas. Pursuant to higher position to which he is designated. – NO
the designation, petitioner filed a claim for the Ratio:
difference in salary and Representation and
Transportation Allowance (RATA) of Assistant  The law applicable is Section 471(a) of
Provincial Treasurer and Supply Officer III for Local Government Code, mandates that:
the whole year of 1993 in the total amount of o Sec. 471. Assistant Treasurers. - (a)
P61,308.00. An assistant treasurer may be
appointed by the Secretary of
Finance from a list of at least three
Provincial Auditor disallowed in audit (3) ranking eligible recommendees
P52,908.00 of the claim. What was allowed was of the governor or mayor, subject to
only the amount of P8,400.00 which civil service law, rules and
corresponds to the difference in the allowances regulations.
attached to the designation and the position o In fact, the appointing officer is
occupied by the appellant. authorized by law to order the
payment of compensation to any
The disallowance was premised on the following government officer or employee
reasons: 1. The provisions of Section 2077 of the designated or appointed to fill such
Revised Administrative Code is not applicable vacant position, as provided under
in the instant case as the power to fill the Section 2077 of the Revised
position of Assistant Provincial Treasurer rests Administrative Code which states
on the Secretary of Finance and 2. The that:
designation is temporary in nature and does not  "Section 2077. Compensation for person
amount to the issuance of an appointment as appointed to temporary service.: In case of
could entitle the designee to receive the salary of the temporary absence or disability of a
the position to which he is designated provincial officer or in case of a vacancy in
Petitioner appealed to COA which sustained the a provincial office, the President of the
stand of the Provincial Auditor of Batangas as Philippines or officer having the power to
valid and proper. The respondent Commission fill such position may, in his discretion,
was of the view that the petitioner was merely order the payment of compensation, or
designated as an Assistant Provincial Treasurer additional compensation, to any
for Administration in addition to his regular Government officer or employee designated
duties. As such, he is not entitled to receive an or appointed temporarily to fill the place, but
additional salary. The Commission further the total compensation paid shall not exceed
opined that petitioner was likewise not entitled
the salary authorized by law for the position of law and the non-impairment of obligation
filled. of contracts clause in the Constitution.
 The right to the salary of an Assistant
Provincial Treasurer is based on the
 The aforecited laws do not authorize the assumption that the appointment or
Provincial Governor to appoint nor even designation thereof was made in accordance
designate one temporarily in cases of with law. Considering that petitioners
temporary absence or disability or a vacancy designation was without color of authority,
in a provincial office. That power resides in the right to the salary or an allowance due
the President of the Philippines or the from said office never existed. Stated
Secretary of Finance. differently, in the absence of such right,
there can be no violation of any
 Necessarily, petitioners designation as constitutional right nor an impairment of the
Assistant Provincial Treasurer for obligation of contracts clause under the
Administration by Governor Mayo being Constitution.
defective, confers no right on the part of
petitioner to claim the difference in the WON Petitioner is a de facto officer – NO
salaries and allowances attached to the  The nature of petitioners designation and the
position occupied by him. absence of authority of the Governor to
 Moreover, what was extended to petitioner authorize the payment of the additional
by Governor Mayo was merely a salary and RATA without the appropriate
designation not an appointment. The resolution from the Sangguniang
respondent Commission clearly pointed out Panlalawigan does not make him a de facto
the difference between an appointment and officer.
designation, thus:  A de facto officer is defined as one who
 There is a great difference between an derives his appointment from one having
appointment and designation. colorable authority to appoint, if the office is
 While an appointment is the selection by the an appointive office, and whose appointment
proper authority of an individual who is to is valid on its face. It is likewise defined as
exercise the powers and functions of a given one who is in possession of an office, and is
office, discharging its duties under color of
 designation merely connotes an imposition authority, by which is meant authority
of additional duties, usually by law, upon a derived from an appointment, however
person already in the public service by irregular or informal, so that the incumbent
virtue of an earlier appointment (Santiago be not a mere volunteer. Then a de facto
vs. COA) officer is one who is in possession of an
o Designation is simply the mere office in the open exercise of its functions
imposition of new or additional under color of an election or an
duties on the officer or employee to appointment, even though such election or
be performed by him in a special appointment may be irregular.
manner. It does not entail payment  Finally, the appointment signed by Finance
of additional benefits or grant upon Undersecretary Juanita D. Amatong is dated
the person so designated the right to July 8, 1994. Petitioners claim that the
claim the salary attached to the appointment retro-acts to his assumption of
position office is not confirmed by the express
 We see no justifiable reason to sustain phraseology of the appointment itself, which
petitioners argument that non-payment of states:
his salary differential and RATA would be a  Kayo ay nahirang na ASSISTANT
violation of his constitutional right against PROVINCIAL TREASURER FOR
deprivation of property without due process ADMINISTRATION na may katayuang
PERMANENT sa OFFICE OF THE As a result of the foregoing communications
PROVINCIAL TREASURER OF between Tente U. Quintero and Jacinto T.
BATANGAS sa pasahod na ONE Rubillar, Jr., the Sangguniang Panlalawigan, in a
HUNDRED TWENTY ONE THOUSAND special session held on July 7, 1989, issued
SIX HUNDRED TWENTY (P121,620.00) Resolution No. 505 where it held invalid the
P.A. piso. Ito ay magkakabisa sa petsa ng appointment of the petitioner as acting Vice-
pagganap ng tungkulin subalit di aaga sa Governor of Leyte.
petsa ng pagpirma ng puno ng tanggapan o
appointing authority. circumstances obtaining at present in the
Office of the Vice-Governor is that there
is no permanent nor a vacancy in said
 The subsequent appointment of petitioner to office. The Honorable Leopoldo E.
the position on July 8, 1994, cannot justify Petilla assumed the Office of the Vice-
petitioners retention of the excess amount of Governor after he took his oath of office
P61,308.00, which corresponds to the to said position.
amount disallowed and ordered refunded by
COA representing the salary and RATA in The petitioner filed before this Court a petition
for certiorari and mandamus. The petition sought
excess of what was due him in 1993.
the nullification of Resolution No. 505 and for
the payment of his salary for his services as the
Menzon v. Petilla; May 20, 1991; Gutierrez acting Vice-Governor of Leyte.
Jr, J.
In the meantime, however, the issue on the
Facts: governorship of Leyte was settled and Adelina
Larrazabal was proclaimed the Governor of the
On February 16, 1988, by virtue of the fact that province of Leyte.
no Governor had been proclaimed in Leyte, the
Secretary of Local Government Luis Santos During the pendency of the petition, more
designated the Vice-Governor, Leopoldo E. particularly on May 16, 1990, the provincial
Petilla as Acting Governor of Leyte. A month treasurer of Leyte, Florencio Luna allowed the
later, petitioner Aurelio D. Menzon, a senior payment to the petitioner of his salary as acting
member of the Sangguniang Panlalawigan was Vice-Governor of Leyte in the amount of
also designated by Secretary Luis Santos to act P17,710.00, for the actual services rendered by
as the Vice-Governor. Petitioner took oath of the petitioner as acting Vice-Governor.
office before Senator Alberto Romulo.
Issue:
Provincial Administrator, Tente U. Quintero
inquired from the Undersecretary of the WON there was a vacancy – YES
Department of Local Government, Jacinto T.  There is no vacancy whenever the office is
Rubillar, Jr., as to the legality of the appointment occupied by a legally qualified incumbent.
of the petitioner to act as the Vice-Governor of A sensu contrario, there is a vacancy when
Leyte. there is no person lawfully authorized to
Rubillar, Jr. stated that since B.P. 337 has no assume and exercise at present the duties of
provision relating to succession in the Office of the office
the Vice-Governor in case of a temporary  Applying the definition of vacancy to this
vacancy, the appointment of the petitioner as the case, it can be readily seen that the office of
temporary Vice- Governor is not necessary since the Vice-Governor was left vacant when the
the Vice-Governor who is temporarily duly elected Vice-Governor Leopoldo
performing the functions of the Governor, could Petilla was appointed Acting Governor. In
concurrently assume the functions of both the eyes of the law, the office to which he
offices. was elected was left barren of a legally
qualified person to exercise the duties of the  However, in the absence of any contrary
office of the Vice-Governor. provision in the Local Government Code
 There is no satisfactory showing that and in the best interest of public service, we
Leopoldo Petilla, notwithstanding his see no cogent reason why the procedure thus
succession to the Office of the Governor, outlined by the two laws may not be
continued to simultaneously exercise the similarly applied in the present case
duties of the Vice-Governor.  The appointment of the petitioner,
 The nature of the duties of a Provincial moreover, is in full accord with the intent
Governor call for a full-time occupant to behind the Local Government Code. There
discharge them. More so when the vacancy is no question that Section 49 in connection
is for an extended period. Precisely, it was with Section 52 of the Local Government
Petilla's automatic assumption to the acting Code shows clearly the intent to provide for
Governorship that resulted in the vacancy in continuity in the performance of the duties
the office of the Vice-Governor. of the Vice-Governor.
o The Local Government Code
W/N the Secretary of Local Government has the provides for the mode of succession
authority to make temporary appointments? – in case of a permanent vacancy, viz:
YES Section 49:
o In case a permanent vacancy arises
 The circumstances of the case reveal that when a Vice-Governor assumes the
there is indeed a necessity for the Office of the Governor, . . . refuses
appointment of an acting Vice-Governor. to assume office, fails to qualify,
For about two years after the governatorial dies, is removed from office,
elections, there had been no de jure voluntary resigns or is otherwise
permanent Governor for the province of permanently incapacitated to
Leyte, Governor Adelina Larrazabal, at that discharge the functions of his office,
time, had not yet been proclaimed due to a the sangguniang panlalawigan . . .
pending election case before the member who obtained the highest
Commission on Elections. number of votes in the election
 Under the circumstances of this case and immediately preceding, . . . shall
considering the silence of the Local assume the office for the unexpired
Government Code, the Court rules that, in term of the Vice-Governor. . . .
order to obviate the dilemma resulting from  By virtue of the surroundings circumstance
an interregnum created by the vacancy, the of this case, the mode of succession
President, acting through her alter ego, the provided for permanent vacancies may
Secretary of Local Government, may likewise be observed in case of a temporary
remedy the situation. vacancy in the same office. In this case,
 We declare valid the temporary appointment there was a need to fill the vacancy. The
extended to the petitioner to act as the Vice- petitioner is himself the member of the
Governor. The exigencies of public service Sangguniang Panlalawigan who obtained the
demanded nothing less than the immediate highest number of votes. The Department
appointment of an acting Vice-Governor. Secretary acted correctly in extending the
 It may be noted that under Commonwealth temporary appointment.
Act No. 588 and the Revised Administrative  In view of the foregoing, the petitioner's
Code of 1987, the President is empowered to right to be paid the salary attached to the
make temporary appointments in certain Office of the Vice Governor is indubitable.
public offices, in case of any vacancy that The compensation, however, to be
may occur. Albeit both laws deal only with remunerated to the petitioner, following the
the filling of vacancies in appointive example in Commonwealth Act No. 588 and
positions. the Revised Administrative Code, and
pursuant to the proscription against double trial court declared petitioner as the duly elected
compensation must only be such additional municipal mayor of Kidapawan, North Cotabato
compensation as, with his existing salary, with a plurality of 154 votes. Acting without
shall not exceed the salary authorized by law precedent, the court found private respondent
for the Office of the Vice-Governor. liable not only for Malaluans protest expenses
 And finally, even granting that the President, but also for moral and exemplary damages and
acting through the Secretary of Local attorneys fees. On February 3, 1994, private
Government, possesses no power to appoint respondent appealed to the COMELEC.
the petitioner, at the very least, the petitioner
is a de facto officer entitled to Petitioner filed a motion for execution pending
compensation. appeal. The motion was granted by the trial
court, in an order, dated March 8, 1994, after
 The petitioner assumed the Office of the
petitioner posted a bond in the amount of
Vice-Governor under color of a known
P500,000.00. By virtue of said order, petitioner
appointment. As revealed by the records, the
assumed office and exercised the powers and
petitioner was appointed by no less than the
functions of said office. However, COMELEC
alter ego of the President, the Secretary of
ordered Malaluan to vacate the office, having
Local Government, after which he took his
found and so declared private respondent to be
oath of office before Senator Alberto
the duly elected Municipal Mayor of said
Romulo in the Office of Department of
municipality. The COMELEC en banc affirmed
Local Government Regional Director Res
said decision.
Salvatierra.
 Concededly, the appointment has the color Malaluan filed this petition before us on May 31,
of validity. The respondents themselves 1995 as a consequence.
acknowledged the validity of the petitioner's
appointment and dealt with him as such. It It is significant to note that the term of office of
was only when the controversial Resolution the local officials elected in the May, 1992
No. 505 was passed by the same persons elections expired on June 30, 1995. This
who recognized him as the acting Vice- petition, thus, has become moot and academic
Governor that the validity of the insofar as it concerns petitioners right to the
appointment of the petitioner was made an mayoralty seat in his municipality, because
issue and the recognition withdrawn. expiration of the term of office contested in the
election protest has the effect of rendering the
same moot and academic.
Malaluan v COMELEC; March 6, 1996;
Hermosisima, J. This petition appears now to be moot and
academic because the herein parties are
contesting an elective post to which their right to
the office no longer exists. However, the
Facts:
question as to damages remains ripe for
Petitioner Luis Malaluan and private respondent adjudication. The COMELEC found petitioner
Joseph Evangelista were both mayoralty liable for attorneys fees, actual expenses for
candidates in the Municipality of Kidapawan, xerox copies, and unearned salary and other
North Cotabato. Joseph Evangelista was emoluments from March, 1994 to April, 1995,
proclaimed by the Municipal Board of en mUsse denominated as actual damages,
Canvassers as the duly elected Mayor for having default in payment by petitioner of which shall
garnered 10,498 votes as against petitioners result in the collection of said amount from the
9,792 votes. Evangelista was, thus, said to have bond posted by petitioner on the occasion of the
a winning margin of 706 votes. But, on May 22, grant of his motion for execution pending appeal
1992, petitioner filed an election protest with the in the trial court. Petitioner naturally contests the
Regional Trial Court contesting 64 out of the propriety and legality of this award upon private
total 181 precincts of the said municipality. The
respondent on the ground that said damages issued an order for execution pending
have not been alleged and proved during trial. appeal.
 We find respondent COMELECs reasoning
in awarding the damages in question to be
Issue: fatally flawed. The COMELEC found the
election protest filed by the petitioner to be
WON COMELEC gravely abused its discretion clearly unfounded because its own
in awarding damages to private respondent. appreciation of the contested ballots yielded
results contrary to those of the trial court.
Ratio:
 In other words, the actuations of the trial
 The Omnibus Election Code provides that court, after the filing of a case before it, are
actual or compensatory damages may be its own, and any alleged error on its part
granted in all election contests or in quo does not, in the absence of clear proof, make
warranto proceedings in accordance with the suit clearly unfounded for which the
law. COMELEC Rules of Procedure provide complainant ought to be penalized.
that in all election contests the Court may  Insofar as the award of protest expenses and
adjudicate damages and attorneys fees as it attorneys fees are concerned, therefore we
may deem just and as established by the find them to have been awarded by
evidence if the aggrieved party has included respondent COMELEC without basis, the
such claims in his pleadings. election protest not having been a clearly
 Claimed as part of the damages to which unfounded one under the aforementioned
private respondent is allegedly entitled to, is circumstances.
P169,456.00 constituting salary and other
emoluments from March, 1994 to April,
1995 that would have accrued to him had  COMELEC also found the order granting
there not been an execution of the trial execution of judgment pending appeal to be
courts decision pending appeal therefrom in defective because of alleged non-compliance
the COMELEC. with the requirement that there be a good
and special reason to justify execution
 The long-standing rule in this jurisdiction is
pending appeal.
that notwithstanding his subsequent ouster
o We, however, find that the trial
as a result of an election protest, an elective
court acted judiciously in the
official who has been proclaimed by the
exercise of its prerogatives under
COMELEC as winner in an electoral contest
the law in issuing the order granting
and who assumed office and entered into the
execution pending appeal. First, it
performance of the duties of that office, is
should be noted that the
entitled to the compensation, emoluments
applicability of the provisions of the
and allowances legally provided for the
Rules of Court, relating to execution
position
pending appeal, that Section 2, Rule
 This is simple justice. The emolument must
39 of the Rules of Court, which
go to the person who rendered the service
allows Regional Trial Courts to
unless the contrary is provided. There is no
order executions pending appeal
averment in the complaint that he is linked
upon good reasons stated in a
with any irregularity vitiating his election.
special order, may be made to apply
 The basis of respondent COMELEC for by analogy or suppletorily to
awarding actual damages to private election contests decided by them. It
respondent in the form of reimbursement for is not disputed that petitioner filed a
attorneys fees, actual expenses for xerox bond in the amount of P500,000.00
copies, and salary and other emoluments as required under the Rules of
that should have accrued to him from Court.
March, 1994 to April, 1995 had the RTC not
 Finally, we deem the award of salaries and prohibition, preliminary injunction and
other emoluments to be improper and temporary restraining order "to prevent useless
lacking legal sanction. in the instant case, and unnecessary expenditures of public funds by
petitioner was proclaimed winner only by way of salaries and other operational expenses
the trial court and assumed office by virtue attached to the office
of an order granting execution pending
appeal. Again, respondent COMELEC xxx Provided, however, That for the
sweepingly concluded, in justifying the first year of its operations from the effectivity of
award of damages, that since petitioner was this Act, the mayor of the City of Olongapo shall
adjudged the winner in the elections only by be appointed as the chairman and chief
the trial court and assumed the functions of executive officer of the Subic Authority
the office on the strength merely of an order Petitioners, who claim to be taxpayers,
granting execution pending appeal, the employees of the U.S. Facility at the Subic,
petitioner occupied the position in an illegal Zambales, and officers and members of the
manner as a usurper. Filipino Civilian Employees Association in U.S.
 We hold that petitioner was not a usurper Facilities in the Philippines, maintain that the
because, while a usurper is one who proviso in par. (d) of Sec. 13 herein-above
undertakes to act officially without any color quoted in italics infringes on the following
of right, the petitioner exercised the duties of constitutional and statutory provisions: (a) Sec.
an elective office under color of election 7, first par., Art. IX-B, of the
thereto. It matters not that it was the trial
court and not the COMELEC that declared Constitution, which states that "no elective
petitioner as the winner, because both, at official shall be eligible for appointment or
different stages of the electoral process, designation in any capacity to any public officer
have the power to so proclaim winners in or position during his tenure because the City
electoral contests. At the risk of sounding Mayor of Olongapo City is an elective official
repetitive, if only to emphasize this point, and the subject posts are public offices
we must reiterate that the decision of a Sec. 16, Art. VII, of the Constitution, which
judicial body is no less a basis than the provides that "the President shall .appoint all
proclamation made by the COMELEC- other officers of the Government whose
convened Board of Canvassers for a winning appointments are not otherwise provided for by
candidates right to assume office, for both law, and those whom he may be authorized by
are undisputedly legally sanctioned. We law to appoint", since it was Congress through
deem petitioner, therefore, to be a de facto the questioned proviso and not the President
officer who, in good faith, has haa who appointed the Mayor to the subject posts
possession of the office and had discharged
the duties pertaining thereto and is thus That the appointment of respondent Gordon to
legally entitled to the emoluments of the the subject posts made by respondent Executive
office Secretary on 3 April 1992 was within the
prohibited 45-day period prior to the 11 May
1992 Elections.
Flores v. Drillon; June 22, 1993; Bellosillo, J.
Issue:
Facts:
WON the proviso in Sec. 13, par. (d), of R.A.
" Sec. 13, par. (d) of the Bases Conversion and 7227 violates the constitutional proscription
Development Act of 1992," under which against appointment or designation of elective
respondent Mayor Richard J. Gordon of officials to other government posts.
Olongapo City was appointed Chairman and
Chief Executive Officer of the Subic Bay Ratio:
Metropolitan Authority (SBMA), is challenged
in this original petition with prayer for
 Sec. 7 of Art. IX-B of the Constitution Constitution itself, e.g., the President as
provides: head of the economic and planning agency;
o No elective official shall be eligible the Vice-President, who may be appointed
for appointment or designation in Member of the Cabinet; and, a member of
any capacity to any public office or Congress who may be designated ex officio
position during his tenure. member of the Judicial and Bar Council.
o Unless otherwise allowed by law or  Congress did not contemplate making the
by the primary functions of his subject SBMA posts as ex officio or
position, no appointive official shall automatically attached to the Office of the
hold any other office or employment Mayor of Olongapo City without need of
in the Government or any appointment. The phrase "shall be
subdivision, agency or appointed" unquestionably shows the intent
instrumentality thereof, including to make the SBMA posts appointive and not
government-owned or controlled merely adjunct to the post of Mayor of
corporations or their subsidiaries. Olongapo City. Had it been the legislative
 The section expresses the policy against the intent to make the subject positions ex
concentration of several public positions in officio, Congress would have, at least,
one person, so that a public officer or avoided the word "appointed" and, instead,
employee may serve full-time with "ex officio" would have been used.
dedication and thus be efficient in the  Petitioners also assail the legislative
delivery of public services. It is an encroachment on the appointing authority of
affirmation that a public office is a full-time the President. Section 13, par. (d), itself
job. Hence, a public officer or employee, vests in the President the power to appoint
like the head of an executive department the Chairman of the Board and the Chief
should be allowed to attend to his duties and Executive Officer of SBMA, although he
responsibilities without the distraction of really has no choice under the law but to
other governmental duties or employment. appoint the Mayor of Olongapo City.
He should be precluded from dissipating his o an "appointment" is "the designation
efforts, attention and energy among too of a person, by the person or persons
many positions of responsibility, which may having authority therefor, to
result in haphazardness and inefficiency discharge the duties of some office
 In the case before us, the subject proviso or trust," or "the selection or
directs the President to appoint an elective designation of a person, by the
official, i.e., the Mayor of Olongapo City, to person or persons having authority
other government posts (as Chairman of the therefor, to fill an office or public
Board and Chief Executive Officer of function and discharge the duties of
SBMA). Since this is precisely what the the same.
constitutional proscription seeks to prevent, o Justice Isagani A. Cruz defines
it needs no stretching of the imagination to appointment as "the selection, by
conclude that the proviso contravenes Sec. the authority vested with the power,
7, first par., Art. IX-B, of the Constitution. of an individual who is to exercise
 While the second paragraph authorizes the functions of a given office."
holding of multiple offices by an appointive  In the case at bar, while Congress willed that
official when allowed by law or by the the subject posts be filled with a presidential
primary functions of his position, the first appointee for the first year of its operations
paragraph appears to be more stringent by from the effectivity of R.A. 7227, the
not providing any exception to the rule proviso nevertheless limits the appointing
against appointment or designation of an authority to only one eligible, i.e., the
elective official to the government post, incumbent Mayor of Olongapo City. Since
except as are particularly recognized in the only one can qualify for the posts in
question, the President is precluded from
exercising his discretion to choose whom to Facts:
appoint. Such supposed power of
appointment, sans the essential element of The protestant, Bernardo Torres, and the
choice, is no power at all and goes against defendants, Mamerto S. Ribo and Alejandro
the very nature itself of appointment. Balderian, were opposing candidates for
 While it may be viewed that the proviso provincial governor of Leyte in the general
merely sets the qualifications of the officer elections held on November 11, 1947. As
during the first year of operations of SBMA, Mamerto S. Ribo, who was provincial
i.e., he must be the Mayor of Olongapo City, governor, and two members of the
it is manifestly an abuse of congressional provincial board were candidates, they are
authority to prescribe qualifications where disqualified to form parts of the provincial
only one, and no other, can qualify. board of canvassers of which they were to
Accordingly, while the conferment of the be members under section 158 of the
appointing power on the President is a Revised Election Code.
perfectly valid legislative act, the proviso
limiting his choice to one is certainly an
encroachment on his prerogative. Consequently, and in pursuance of Section
159, COMELEC, in a telegram to the
 As incumbent elective official, respondent
provincial treasurer dated November 20 and
Gordon is ineligible for appointment to the
received on November 21 in Tacloban,
position of Chairman of the Board and Chief
Leyte, appointed the division superintendent
Executive of SBMA; hence, his appointment
of schools, the district engineer and the
thereto pursuant to a legislative act that
district health officer to replace the
contravenes the Constitution cannot be
disqualified members, with advice that they
sustained. He however remains Mayor of
might assume office upon receipt of their
Olongapo City, and his acts as SBMA
appointments. It so happened that the
official are not necessarily null and void; he
division superintendent of schools and the
may be considered a de facto officer, "one
district engineer were on that date on the
whose acts, though not those of a lawful
west coast of the province and did not return
officer, the law, upon principles of policy
to Tacloban until the 24th. In the meantime,
and justice, will hold valid so far as they
on November 22, F. Martinez, provincial
involve the interest of the public and third
treasurer, as chairman, Gregorio Abogado,
persons, where the duties of the office were
provincial fiscal, Vicente Tizon, assistant
exercised under color of a known election or
civil engineer in the district engineer's
appointment, void because the officer was
office, Evaristo Pascual, chief clerk in the
not eligible, or because there was a want of
office of the division superintendent of
power in the electing or appointing body, or
schools, and W. Enage, acting district health
by reason of some defect or irregularity in
officer, canvassed the votes for provincial
its exercise, such ineligibility, want of power
governor and other officers and proclaimed
or defect being unknown to the public or
"Mamerto S. Ribo as Governor-elect.
under color of an election, or appointment,
by or pursuant to a public unconstitutional
On November 24, 1947, the provincial board
law, before the same is adjudged to be such
of canvassers again met, the meeting this
 Conformably with our ruling in Civil
time being attended by the provincial
Liberties Union, any and all per diems,
treasurer, the provincial fiscal, the district
allowances and other emoluments which
health officer, the division superintendent of
may have been received by respondent
schools, the district engineer and the
Gordon pursuant to his appointment may be
provincial auditor. In that meeting the board
retained by him.
made a new canvass of the votes and
proclaimed Mamerto S. Ribo elected to the
Torres v. Ribo; May 21, 1948; Tuazon, J. office of provincial governor.
other than this officers act as the
Issue: member of the provincial board of
canvasser by delegation by a substitute
WON assistant civil engineer Vicente Tizon members, by the indication of other
and chief clerk Evaristo Pascual lawful members of the board, or of his own
members of the provincial board of volition.
canvassers?
 The appointment of a substitute member
Ratio: is personal and restricted and his powers
must be performed directly and in
 Judge Victoriano who first took person by the appointee. To hold
cognizance of the case decided this otherwise would be to authorize the
question on the negative. On a motion appointment, say, by the provincial
for reconsideration Judge Edmundo treasurer, the provincial auditor, or the
Piccio, another judge sitting in provincial fiscal of another person to act
Tacloban, reversed Judge Victoriano's in his stead and thus take away from the
order. Judge Piccio said, "Verily it hands of the Commission on Elections
would be absurd to suppose that in this the authority to appoint under section
kind of official commitments, the 159.
District Engineer, the Division  An officer to whom a discretion is
Superintendent of Schools could not be entrusted can not delegate it to another.
represented by their Assistants who are The powers of the board of canvassers
in themselves competent and qualified are not purely ministerial, as the court
persons. . . it is unreasonable to sustain below erroneously holds. The board
the arguments that the District Engineer excercise quasi judicial functions, such
and the Division Superintendent of as the function and duty to determined
Schools could not delegate their whether the papers transmitted to them
prerogatives because as contended, this are genuine election returns signed by
power or prerogatives belongs the proper officers. Thus, where what
exclusively to the Commission on purports to be two or more returns from
Elections. the same municipality are received, the
 Section 158 of the Revised Election canvassing board must necessarily
Code designates the officers who are to determine from the face of the papers
comprise the provincial board of which one shall be regarded as the true
canvassers, and section 159 enumerates and genuine return.
the officers to be appointed substitute  In truth, there was presented to the
members by the Commission on board on the 22nd a matter which
Elections in case of the absence or required the used of the judgment. It
incapacity of any of the members named appears from the minutes of the meeting
in the next preceding section. They are of that date that the returns from four
the division superintendent of schools, municipalities were incomplete or
the district health officer, the register of entirely missing, so much so that in
deeds, the clerk of the Court of First accordance with section 161 the
Instance, and the justice of the peace of provincial treasurer notified the
the provincial capital. provincial fiscal of that fact.
 This express enumeration excludes other  On this vital question Tizon and Pascual
officers. Expresio unius est exclusio voted. This was not a ministerial or
alterius. Not even the Commission on mechanical task. That the returns
Elections may lawfully appoint any of subsequently received tallied with the
the person or officer outside of those
mentioned. Much less may any one
municipal treasurer's certificates does board of canvassers and the
not cure the mistake committed. proclamation in that meeting of the
 The protestee maintains that at any rate protestee were illegal and of no effect.
Pascual and Tizon were de facto With this conclusion we refrain from
officers. This contention is without any discussing the other errors assigned by
foundation in law. An officer de facto is the appellant.
one who has the reputation of being the
officer he assumes to be, and yet is not a
good officer in point of law. He must
have acted as an officer for such a Tuanda v. Sandiganbayan; October 17, 1995;
length of time, under color of title and Kapunan, J.
under such circumstances of reputation
or acquiescence by the public and public
authorities, as to afford a presumption of
Facts:
appointment or election, and induce
people, without injury, and relying on On 9 February 1989, private respondents Delia
the supposition that he is the officer he Estrellanes and Bartolome Binaohan were
assumes to be, to submit to or invoke his designated as industrial labor sectoral
action. representative and agricultural labor sectoral
 Tizon and Pascual did not possess any representative respectively, for the Sangguniang
of these conditions. They acted without Bayan of Jimalalud, Province of Negros Oriental
any appointment, commission or any by then Secretary Luis T. Santos of the
color of title to the office. There was no Department of Local Government. Private
acquiescence, public or private, in their respondents Binaohan and Estrellanes took their
discharge of the position. In fact the oath of office on 16 February 1989 and 17
very person most greatly affected by February 1989, respectively.
their assumption of the office, Bernardo
Torres, was not notified and was not Subsequently, petitioners filed an undated
unaware of it. petition with the Office of the President for
 We do not decide whether the presence review and recall of said designations. The
of the six members of the board of latter, however, in a letter dated 20 March 1989,
canvassers is essential. We leave this denied the petition and enjoined Mayor
question open. Whatever the law, it is Reynaldo Tuanda to recognize private
our considered opinion that the presence respondents as sectoral representatives.
of the three members is not enough On 4 May 1990, private respondents filed a
compliance with the law. If it were, two petition for mandamus with the RTC Negros
would be, and even one. There must at Oriental, for recognition as members of the
be a quorum, which is a majority of all Sangguniang Bayan. It was dismissed on 23 July
the members, or one half their number 1991.
plus one. In the present case, four
constitute the quorum. The decisions Thereafter, on 20 June 1991, petitioners filed an
just cited are very helpful on the other action with the RTC of Dumaguete City to
aspect of the case. They served to declare null and void the designations of private
emphasize the importance attached to respondents as sectoral representatives, docketed
the office of member of the board of as Civil Case No. 9955 entitled "Reynaldo
canvassers and the gravity and non- Tuanda, et al. versus Secretary of the
delegability of its functions and duties. Department of Local Government, et al."
 Upon the foregoing considerations, our
On 21 July 1991, an information was filed
judgment is that the meeting of
before the Sandiganbayan, docketed as Criminal
November 22, 1947 of the provincial
Case No. 16936 entitled "People of the
Philippines versus Reynaldo Tuanda, et al." private defendants as sectoral representatives
charging petitioners with violation of Section null and void. Private respondents appealed the
3(e) of R.A. No. 3019. To wit:“Mayor aforestated decision to the Court of Appeals,
REYNALDO V. TUANDA, Vice-Mayor docketed as CA-G.R. CV No. 36769, where the
HERMENEGILDO G. FABURADA, same is currently pending resolution.
Sangguniang Members MANUEL LIM,
NICANOR P. AGOSTO, ERENIETA K.
MENDOZA, MAXIMO A. VIERNES, Sandiganbayan issued a resolution denying the
HACUBINA V. SERILLO, ILUMINADO D. motion for suspension of proceedings filed by
ESTRELLANES and SANTOS A.xxx, wilfully petitioners –
and unlawfully cause undue injury to Sectoral
Members Bartolome M. Binaohan and Delia T. Despite the pendency of Civil Case No. 9955 of
Estrellanes by refusing to pay despite demand the RTC, it appears, nevertheless, that the
the amount of NINETY FIVE THOUSAND private complainants have been rendering
THREE HUNDRED FIFTY PESOS services on the basis of their respective
(P95,350.00) and ONE HUNDRED EIGHT appointments as sectoral members of the
THOUSAND NINE HUNDRED PESOS Sangguniang Bayan of the Municipality of
(P108,900.00) representing respectively their Jimalalud, Negros Oriental; and that their said
per diems, salaries and other privileges and appointments enjoy the presumption of
benefits, and such undue injury continuing to the regularity. Having rendered such services, the
present to the prejudice and damage of private complainants are entitled to the salaries
Bartolome Binaohan and Delia Estrellanes.” attached to their office. Even assuming arguendo
that the said Regional Trial Court shall later
Petitioners filed a motion with the decide that the said appointments of the private
Sandiganbayan for suspension of the complainants are null and void, still the private
proceedings in Criminal Case No. 16936 on the complainants are entitled to their salaries and
ground that a prejudicial question exists in Civil compensation for service they have actually
Case No. 9955 pending before the Regional rendered, for the reason that before such judicial
Trial Court declaration of nullity, the private complainants
Regional Trial Court rendered a decision are considered at least de facto public officers
declaring null and void ab initio the designations acting as such on the basis of apparently valid
issued by the Department of Local Government appointments issued by competent authorities. In
to the private respondents as sectoral other words, regardless of the decision that may
representatives for having been done in violation be rendered in Civil Case, the private
of Section 146 (2) of B.P. Blg. 337 - explicitly complainants are entitled to their withheld
required that before the President (or the salaries for the services they have actually
Secretary of the Department of Local rendered as sectoral representatives of the said
Government) may appoint members of the local Sangguniang Bayan. Hence, the decision that
legislative bodies to represent the Industrial and may be rendered by the Regional Trial Court in
Agricultural Labor Sectors, there must be a Civil Case No. 9955 would not be determinative
determination to be made by the Sanggunian of the innocence or guilt of the accused.
itself that the said sectors are of sufficient
number in the city or municipality to warrant
representation after consultation with Issue:
associations and persons belonging to the sector
WON the legality or validity of private
concerned.
respondents' designation as sectoral
Since in the present case, there was total absence representatives which is pending resolution in
of the required prior determination by the CA-G.R. No. 36769 is a prejudicial question
Sangguniang Bayan of Jimalalud, this Court justifying suspension of the proceedings in the
cannot help but declare the designations of criminal case against petitioners.
Ratio: diems as sectoral representatives, while the
civil action was instituted precisely to
 The prejudicial question must be resolve whether or not the designations of
determinative of the case before the court private respondents as sectoral
but the jurisdiction to try and resolve the representatives were made in accordance
question must be lodged in another court or with law.
tribunal. It is a question based on a fact  More importantly, ,the resolution of the civil
distinct and separate from "the crime but so case will certainly determine if there will
intimately connected with it that it still be any reason to proceed with the
determines the guilt or innocence of the criminal action.
accused, and for it to suspend the criminal  This refusal, however, was anchored on
action, it must appear not only that said case
petitioners' assertion that said designations
involves facts intimately related to those were made in violation of the B.P. Blg. 337
upon which the criminal prosecution would and thus, were null and void. Therefore,
be based but also that in the resolution of the should the Court of Appeals uphold the trial
issue or issues raised in the civil case, the court's decision declaring null and void
guilt or innocence of the accused would
private respondents' designations as sectoral
necessarily be determined. It comes into representatives for failure to comply the
play generally in a situation where a civil charges against petitioners would no longer,
action and a criminal action are both so to speak, have a leg to stand on.
pending and there exists in the former an Petitioners cannot be accused of bad faith
issue which must be preemptively resolved and partiality there being in the first place no
before the criminal action may proceed, obligation on their part to pay private
because howsoever the issue raised in the
respondents' claims
civil action is resolved would be
 We find unmeritorious respondent
determinative juris et de jure of the guilt or
Sandiganbayan's thesis that even in the
innocence of the accused in the criminal
event that private respondents' designations
case.
are finally declared invalid, they may still be
 The rationale behind the principle of considered de facto public officers entitled
prejudicial question is to avoid two
to compensation for services actually
conflicting decisions. It has two essential rendered.
elements: (a) the civil action involves an
 The conditions and elements of de facto
issue similar or intimately related to the
officership are the following: 1) There must
issue raised in the criminal action; and (b)
be a de jure office; 2) There must be color of
the resolution of such issue determines
right or general acquiescence by the public;
whether or not the criminal action may
and 3) There must be actual physical
proceed.
possession of the office in good faith.
 The issue in the civil case, CA-G.R. CV No.
 One can qualify as a de facto officer only if
36769, constitutes a valid prejudicial
all the aforestated elements are present.
question to warrant suspension of the
There can be no de facto officer where there
arraignment and further proceedings in the
is no de jure office, although there may be a
criminal case against petitioners.
de facto officer in a de jure office
 All the elements of a prejudicial question are
clearly and unmistakably present in this
case. There is no doubt that the facts and Monroy v. CA; June 1, 1967; Bengzon, J.
issues involved in the civil action (No.
36769) and the criminal case (No. 16936)
are closely related. The filing of the criminal Facts:
case was premised on petitioners' alleged Petitioner Roberto Monroy was the incumbent
partiality and evident bad faith in not paying Mayor of Navotas, Rizal, when on September
private respondents' salaries and per 15, 1961, his certificate of candidacy as
representative of the first district of Rizal in the  This phrase covers all the administrative
elections was filed with the Commission on process of preparing and operating the
Elections. election machinery so that the people could
exercise their right to vote at the given time.
Three days later, or on September 18, 1961, All questions and controversies that may
petitioner filed a letter withdrawing said arise therefrom are to be resolved
certificate of candidacy. COMELEC per exclusively by the Commission, subject to
resolution, approved the withdrawal. But on review only by the Supreme Court.
September 21, 1961, respondent Felipe del
 However, in this case there appears to be no
Rosario, then the vice-mayor of Navotas, took
decision, order or ruling of the Commission
his oath of office as municipal mayor on the
on any administrative question or
theory that petitioner had forfeited the said
controversy. There was no dispute before
office upon his filing of the certificate of
the Commission. Respondent never
candidacy in question.
contested the filing of petitioner's certificate
Petitioner filed an injunction suit Respondent in of candidacy.
the CFI, which held that: (a) the former had  What the parties are actually controverting is
ceased to be mayor, after his certificate of whether or not petitioner was still the
candidacy was filed on September 15, 1961; (b) municipal mayor after September 15, 1961.
respondent del Rosario became municipal mayor This purely legal dispute has absolutely no
upon his having assumed office as such on bearing or effect on the conduct of the
September 21, 1961; (c) petitioner must elections for the seat of Congressman for the
reimburse, as actual damages, the salaries to first district of Rizal.
which respondent was entitled as Mayor from  The election can go on irrespective of
September 21, 1961 up to the time he can whether petitioner is considered resigned
reassume said office; and (d) petitioner must pay from his position of municipal mayor or not.
respondent P1,000.00 as moral damages. CA The only interest and for that matter,
affirmed in toto, except for the award of moral jurisdiction, of the Commission on Elections
damages which was eliminated. in this regard is to know who are the running
candidates for the forthcoming elections, for
Issue: that affects the conduct of election. So when
WON that both the lower court and CA have petitioner withdrew the certificate
jurisdiction to review a resolution of the announcing his candidacy for Congressman,
Commission on Elections – YES as far as the Commission could be
concerned, petitioner was no longer
Ratio: interested in running for that seat. The
matter of his having forfeited his present
 The Constitution empowers the Commission position and the possible legal effect thereon
on Elections to, x x x decide, save those by the withdrawal of his certificate was
involving the right to vote, all completely out of the picture. Hence, that
administrative questions affecting elections, purely legal question properly fell within the
including the determination of the number cognizance of the courts.
and location of polling places, and the
appointment of election inspectors and of WON The withdrawal of the of the certificate of
other election officials candidacy restored the petitioner in his former
 Since the powers of the Commission are position – NO
limited to matters connected with the
"conduct of elections," necessarily its  Sec. 27 of the Rev. Election Code providing
adjudicatory or quasi-judicial powers are that: Any elective provincial, municipal or
likewise limited to controversies connected city official running for an office, other then
with the "conduct of elections." the one which he is actually holding, shall
be considered resigned from his office from
the moment of the filing of his certificate of facts called for the application of an
candidacy," established precedent in this jurisdiction that
 The forfeiture automatic and permanently the candidate duly proclaimed must assume
effective upon the filing of the certificate of office notwithstanding a protest filed against
for another office. Only the moment and act him and can retain the compensation paid
of filing are considered. Once the certificate during his incumbency. But the case at bar
is filed, the seat is forfeited forever and does not involve a proclaimed elective
nothing save a new election or appointment official who will be ousted because of an
can restore the ousted official. election contest. The present case for
 Once filed, the permanent legal effects injunction and quo warranto involves the
produced thereby remain even if the forfeiture of the office of municipal mayor
certificate itself be subsequently withdrawn. by the incumbent occupant thereof and the
Moreover, both the trial court and the Court claim to that office by the vice-mayor
of Appeals expressly found as a fact that the because of the operation of Sec. 27 of the
certificate in question was filed with Rev. Election Code. The established
petitioner's knowledge and consent. And precedent invoked in the Rodriguez case can
since the nature of the remedy taken by not therefore be applied in this case.
petitioner before Us would allow a  It is the general rule then, i.e., "that the
discussion of purely legal questions only, rightful incumbent of a public office may
such fact is deemed conceded recover from an officer de facto the salary
received by the latter during the time of his
wrongful tenure, even though he entered
into the office in good faith and under color
 Petitioner would next maintain that of title" that applies in the present case.
respondent Court of Appeals likewise erred  The resulting hardship occasioned by the
in affirming a lower court judgment operation of this rule to the de facto officer
requiring petitioner to pay respondent Del who did actual work is recognized; but it is
Rosario by way of actual damages the far more cogently acknowledged that the de
salaries he was allegedly entitled to receive facto doctrine has been formulated, not for
from September 21, 1961, to the date of the protection of the de facto officer
petitioner's vacation of his office as mayor. principally, but rather for the protection of
 In support of this he relies solely upon the public and individuals who get involved
Rodriguez v. Tan, holding that a senator in the official acts of persons discharging the
who had been proclaimed and had assumed duties of an office without being lawful
office but was later on ousted in an election officers.
protest, is a de facto officer during the time  The question of compensation involves
he held the office of senator, and can retain different principles and concepts however.
the emoluments received even as against the Here, it is possession of title, not of the
successful protestant. office, that is decisive. A de facto officer,
 Petitioner's factual premise is the appellate not having good title, takes the salaries at his
court's finding that he was a de facto officer risk and must therefore account to the de
when he continued occupying the office of jure officer for whatever amount of salary he
mayor after September 15, 1961. received during the period of his wrongful
retention of the public office.
 We agree with the Court of Appeals that the
Rodriguez case is not applicable here for
absence of factual and legal similarities. The General Manager, Philippine Ports Authority
Rodriguez case involved a senator who had (PPA) v. Monserate; August 17, 2002;
been proclaimed as duly elected, assumed Sandoval Gutierrez, J.
the office and was subsequently ousted as a
result of an election contest. These peculiar
Facts: On January 16, 1989, respondent filed with the
CSC an appeal formally protesting against
Respondent Julieta Monserate, started her petitioner Aninos appointment and at the same
government service in 1977 as Bookkeeper II in time questioning the propriety of the August 11,
the Port Management Office, PPA, Iloilo 1988 Resolution of the PPA Appeals Board.
City. Barely a year later, she was promoted to This appeal remained pending with the CSC for
the position of Cashier II and then as Finance more than six (6) years despite respondent's
Officer (SG-16) in 1980. In the early part of requests for early resolution. In the meantime,
1988, when the PPA underwent a she assumed the position of Administrative
reorganization, respondent applied for the Officer.
permanent position of Manager II (SG-19) of the
Resource Management Division, same office. Eventually, the CSC, in its Resolution No. 95-
The Comparative Data Sheet accomplished by 2043[15] dated March 21, 1995, dismissed
the PPA Reorganization Task Force shows the respondents appeal, thus: It is well-established
ranking of the six (6) aspirants to the said rule that an appointment, although approved by
position, this Commission, does not become final until the
protest filed against it is decided by the agency
or by the Commission. Although Monserate had
Maximo Dumlao, Jr., then General Manager of already assumed the position of RMD Manager
the PPA, appointed respondent to the position of II, the appointing authority may still withdraw
Manager II (Resource Management Division). the same if a protest is seasonably filed. This is
On even date, respondent assumed office and covered by Section 19, Rule VI of the Omnibus
discharged the functions thereof. On July 8, Rules implementing EO 292 x x x.
1988, the CSC, through Guillermo R. Silva Monserates claim that she is more qualified than
(Assistant Director of the Civil Service Field Anino is not relevant to the issue before this
Office-PPA) approved her appointment. Commission. In cases of protest filed or
Petitioner Ramon Anino, who ranked second to appealed to the Commission, the main question
respondent per the Comparative Data Sheet, to be resolved is whether or not the appointee
filed an appeal/petition with the PPA Appeals meets the qualification standard. x x x. The
Board, protesting against respondents Commission will not disturb the choice of the
appointment. The PPA Appeals Board, in a appointing authority as long as the appointee
Resolution dated August 11, 1988, sustained the meets the qualification prescribed for the
protest and rendered ineffective respondents position in question.
appointment based on (1) CSC MC No. 5, s. Filed with the Court of Appeals a petition for
1988, Par. 3; (2) CSC MC NO. 10, s. 1986, Par. review impleading as respondents the PPA
A, 1.2 and Par. B; and (3) Civil Service General Manager and petitioner Anino.
Eligibility. These grounds were not explained or Nullifying the twin Resolutions of the CSC. It
discussed in the Resolution ruled that the August 11, 1988 Resolution of the
Respondent was furnished a copy of PPA PPA Appeals Board was not supported by
Special Order No. 479-88[9] (entitled Creation evidence and that the same was irregularly
of the PPA Managers Pool), dated September issued due to lack of proper notice to respondent
28, 1988, issued by the new PPA General with respect to the Boards proceedings. It
Manager, Mr. Rogelio A. Dayan. That Special concluded that her reassignment from the
Order excluded the name of respondent from the position of Manager II, Resource Management
pool-list and placed instead the name of Division (SG-19), to the position of
petitioner as Manager II, Resource Management Administrative Officer (SG-15) was a demotion
Division. In effect, the Special Order violative of her constitutional right to security of
implemented the August 11, 1988 Resolution of tenure and due process.
the PPA Appeals Board. Issue:
WON there was due process when respondent the PPA Appeals Board Resolution was
was replaced by petitioner Anino from her issued. Stated differently, the PPA Appeals
position as Manager II, Resource Management Board could not uphold an appointment,
Division, and demoted as Administrative which was not yet existing.
Officer. – NO  We uphold the Court of Appeals finding that
the August 11, 1998 PPA Appeals Board
Ratio: Resolution was void for lack of evidence
 It was only after the reorganization and upon and proper notice to respondent.
the issuance of the August 11, 1988 o Furthermore, she said that the
Resolution of the PPA Appeals Board when resolution of the PPA Appeals
respondent was demoted to the lower Board appears irregular, if not null
position of Administrative Officer. This is and void. She was never notified of
further shown by the following orders and any proceeding; she was not
appointments subsequently issued by then furnished either a copy of the
PPA General Manager Rogelio Dayan: resolution. What she received
o 1. PPA Special Order No. 479-88 instead was a Special Order dated
dated September 28, 1988 which September 29, 1988 already
excluded respondent Monserate ordering her demotion. She was not
from the PPA Managers pool-list; at all given the oppurtunity of
o 2. Appointment of respondent, dated defending herself before the
October 1, 1988, to the position of Appeals Board.
Administrative Officer;  The petitioner did not receive or was not
o 3. PPA Special Order No. 492-88 given a copy of the August 11, 1988
dated October 21, 1988 which Resolution of the Appeals Board. She did
officially reassigned respondent to not even know that she was demoted until
the position of Administrative after she received a copy of the of the
Officer; and Special Order No. 479-88
o 4. Appointment of petitioner Anino,  Indeed, her demotion, tantamount to a
dated October 21, 1988, to the revocation of her appointment as Manager
position of Manager II, Resource II, is a patent violation of her constitutional
Management Division, effective rights to security of tenure and due process.
February 1, 1988.  Once an appointment is issued and the
 Therefore, contrary to petitioners claim, moment the appointee assumes a position in
respondent was demoted, not by reason of the civil service under a completed
the PPA reorganization in 1988, but due to appointment, he acquires a legal, not merely
the PPA Appeals Board Resolution dated equitable, right (to the position) which is
August 11, 1988 sustaining petitioner protected not only by statute, but also by the
Aninos protest against respondents constitution, and cannot be taken away from
appointment. him either by revocation of the appointment,
 Unfortunately for petitioners, this Court or by removal, except for cause, and with
cannot accord validity to the August 11, previous notice and hearing.
1988 Resolution of the PPA Appeals Board  The moment the discretionary power of
which upholds the appointment of Ramon appointment is exercised and the appointee
A. Anino as Resource Management Division assumed the duties and functions of the
Manager. position, such appointment cannot anymore
 But how can it uphold his appointment when be revoked by the appointing authority and
he was not yet appointed then? It bears appoint another in his stead, except for
stressing that he was appointed on a much cause.
later date - October 21, 1988, or more than  Here, no iota of evidence was ever
two (2) months after August 11, 1998 when established to justify the revocation of
respondent's appointment by demoting her. account to the de jure officer for whatever
Respondents security of tenure guaranteed salary he received during the period of his
under the 1987 Constitution Article IX-B, wrongful tenure. In the later case of Civil
Section 2, par. (3) should not be placed at Liberties Union vs. Executive Secretary, this
the mercy of abusive exercise of the Court allowed a de facto officer to receive
appointing power. emoluments for actual services rendered but
 Parenthetically, when the Court of Appeals only when there is no de jure officer.
reinstated respondent to her legitimate post  In fine, the rule is that where there is a de
as Manager II in the Resource Management jure officer, a de facto officer, during his
Division, it merely restored her appointment wrongful incumbency, is not entitled to the
to the said position to which her right to emoluments attached to the office, even if he
security of tenure had already attached. To occupied the office in good faith. This rule,
be sure, her position as Manager II never however, cannot be applied squarely on the
became vacant since her demotion was void. present case in view of its peculiar
In this jurisdiction, "an appointment to a circumstances. Respondent had assumed
non-vacant position in the civil service is under protest the position of Administrative
null and void ab initio." Officer sometime in the latter part of 1988,
which position she currently holds. Since
WON Private respondent Monserate is entitled then, she has been receiving the
to back wages – YES, but only to the emoluments, salary and other compensation
differentials attached to such office. While her
assumption to said lower position and her
 The challenged Court of Appeals Decision acceptance of the corresponding
ordered the reinstatement of respondent emoluments cannot be considered as an
without awarding backwages. This matter abandonment of her claim to her rightful
becomes controversial because respondent office (Division Manager), she cannot
assumed the lower position of recover full backwages for the period when
Administrative Officer during the pendency she was unlawfully deprived thereof. She is
of her protest against petitioner Aninos entitled only to backpay differentials for the
appointment to the contested position. Also, period starting from her assumption as
petitioner Anino retired from the service on Administrative Officer up to the time of her
November 30, 1997. actual reinstatement to her rightful position
 In this respect, while petitioner Aninos as Division Manager. Such backpay
appointment to the contested position is differentials pertain to the difference
void, as earlier discussed, he is nonetheless between the salary rates for the positions of
considered a de facto officer during the Manager II and Administrative Officer. The
period of his incumbency. A de facto officer same must be paid by petitioner Anino
is one who is in possession of an office and corresponding from the time he wrongfully
who openly exercises its functions under assumed the contested position up to the
color of an appointment or election, even time of his retirement on November 30,
though such appointment or election may be 1997.
irregular.
 In Monroy vs. Court of Appeals, this Court
ruled that a rightful incumbent of a public Civil Liberties Union v. Executive Secretary;
office may recover from a de facto officer February, 1992; Fernan, CJ.
the salary received by the latter during the
Facts:
time of his wrongful tenure, even though he
(the de facto officer) occupied the office in 2 petitions were consolidated per resolution
good faith and under color of title. A de dated August 9, 19881 and are being resolved
facto officer, not having a good title, takes jointly as both seek a declaration of the
the salaries at his risk and must, therefore,
unconstitutionality of Executive Order No. 284  The practice of designating members of the
issued by President Corazon C. Aquino. Cabinet, their deputies and assistants as
members of the governing bodies or boards
of various government agencies and
Petitioners maintain that this Executive Order instrumentalities, including government-
which, in effect, allows members of the Cabinet, owned and controlled corporations, became
their undersecretaries and assistant secretaries to prevalent during the time legislative powers
hold other government offices or positions in in this country were exercised by former
addition to their primary positions, albeit subject President Ferdinand E. Marcos pursuant to
to the limitation therein imposed, runs counter to his martial law authority. There was a
Section 13, Article VII of the 1987 Constitution: proliferation of newly-created agencies,
The President, Vice-President, the Members of instrumentalities and government-owned
the Cabinet, and their deputies or assistants shall and controlled corporations created by
not, unless otherwise provided in this presidential decrees and other modes of
Constitution, hold any other office or presidential issuances where Cabinet
employment during their tenure. members, their deputies or assistants were
designated to head or sit as members of the
In addition, petitioner Anti-Graft League of the board with the corresponding salaries,
Philippines further seeks in G.R. No. 83815 the emoluments, per diems, allowances and
issuance of the extraordinary writs of prohibition other perquisites of office. Most of these
and mandamus, as well as a temporary instrumentalities have remained up to the
restraining order directing public respondents present time.
therein to cease and desist from holding, in  This practice of holding multiple offices or
addition to their primary positions, dual or positions in the government soon led to
multiple positions other than those authorized by abuses by unscrupulous public officials who
the 1987 Constitution and from receiving any took advantage of this scheme for purposes
salaries, allowances, per diems and other forms of self-enrichment. In fact, the holding of
of privileges and the like appurtenant to their multiple offices in government was strongly
questioned positions, and compelling public denounced on the floor of the Batasang
respondents to return, reimburse or refund any Pambansa.
and all amounts or benefits that they may have  The blatant betrayal of public trust evolved
received from such positions. into one of the serious causes of discontent
Issue: with the Marcos regime. It was therefore
quite inevitable and in consonance with the
Does the prohibition in Section 13, Article VII overwhelming sentiment of the people that
of the 1987 Constitution insofar as Cabinet the 1986 Constitutional Commission,
members, their deputies or assistants are convened as it was after the people
concerned admit of the broad exceptions made successfully unseated former President
for appointive officials in general under Section Marcos, should draft into its proposed
7, par. (2), Article I-XB which, for easy Constitution the provisions under
reference is quoted anew, thus: "Unless consideration which are envisioned to
otherwise allowed by law or by the primary remedy, if not correct, the evils that flow
functions of his position, no appointive official from the holding of multiple governmental
shall hold any other office or employment in the offices and employment. In fact, as keenly
Government or any subdivision, agency or observed by Mr. Justice Isagani A. Cruz
instrumentality thereof, including government- during the deliberations in these cases, one
owned or controlled corporation or their of the strongest selling points of the 1987
subsidiaries." –NO Constitution during the campaign for its
ratification was the assurance given by its
Ratio: proponents that the scandalous practice of
Cabinet members holding multiple positions
in the government and collecting official family as a class by itself and to
unconscionably excessive compensation impose upon said class stricter prohibitions.
therefrom would be discontinued.  Thus, while all other appointive officials in
 Evidently, from this move as well as in the the civil service are allowed to hold other
different phraseologies of the constitutional office or employment in the government
provisions in question, the intent of the during their tenure when such is allowed by
framers of the Constitution was to impose a law or by the primary functions of their
stricter prohibition on the President and his positions, members of the Cabinet, their
official family in so far as holding other deputies and assistants may do so only when
offices or employment in the government or expressly authorized by the Constitution
elsewhere is concerned itself. In other words, Section 7, Article I-
 It is quite notable that in all these provisions XB is meant to lay down the general rule
on disqualifications to hold other office or applicable to all elective and appointive
employment, the prohibition pertains to an public officials and employees, while
office or employment in the government and Section 13, Article VII is meant to be the
government-owned or controlled exception applicable only to the President,
corporations or their subsidiaries. In striking the Vice- President, Members of the
contrast is the wording of Section 13, Article Cabinet, their deputies and assistants.
VII which states that "The President, Vice-  Since the evident purpose of the framers of
President, the Members of the Cabinet, and the 1987 Constitution is to impose a stricter
their deputies or assistants shall not, unless prohibition on the President, Vice-President,
otherwise provided in this Constitution, hold members of the Cabinet, their deputies and
any other office or employment during their assistants with respect to holding multiple
tenure." In the latter provision, the offices or employment in the government
disqualification is absolute, not being during their tenure,
qualified by the phrase "in the Government."  The exception to this prohibition must be
The prohibition imposed on the President read with equal severity. On its face, the
and his official family is therefore all- language of Section 13, Article VII is
embracing and covers both public and prohibitory so that it must be understood as
private office or employment. intended to be a positive and unequivocal
 Going further into Section 13, Article VII, negation of the privilege of holding multiple
the second sentence provides: "They shall government offices or employment. Verily,
not, during said tenure, directly or indirectly, wherever the language used in the
practice any other profession, participate in constitution is prohibitory, it is to be
any business, or be financially interested in understood as intended to be a positive and
any contract with, or in any franchise, or unequivocal negation.
special privilege granted by the Government  The phrase "unless otherwise provided in
or any subdivision, agency or this Constitution" must be given a literal
instrumentality thereof, including interpretation to refer only to those
government-owned or controlled particular instances cited in the Constitution
corporations or their subsidiaries." These itself, to wit: the Vice-President being
sweeping, all-embracing prohibitions appointed as a member of the Cabinet under
imposed on the President and his official Section 3, par. (2), Article VII; or acting as
family, which prohibitions are not similarly President in those instances provided under
imposed on other public officials or Section 7, pars. (2) and (3), Article VII; and,
employees such as the Members of the Secretary of Justice being ex-officio
Congress, members of the civil service in member of the Judicial and Bar Council by
general and members of the armed forces, virtue of Section 8 (1), Article VIII.
are proof of the intent of the 1987  It being clear, as it was in fact one of its best
Constitution to treat the President and his selling points, that the 1987 Constitution
seeks to prohibit the President, Vice- become moot and academic as they are no
President, members of the Cabinet, their longer occupying the positions complained
deputies or assistants from holding during of.
their tenure multiple offices or employment  During their tenure in the questioned
in the government, except in those cases positions, respondents may be considered de
specified in the Constitution itself and as facto officers and as such entitled to
above clarified with respect to posts held emoluments for actual services rendered. It
without additional compensation in an ex- has been held that "in cases where there is
officio capacity as provided by law and as no de jure, officer, a de facto officer, who, in
required by the primary functions of their good faith has had possession of the office
office, the citation of Cabinet members (then and has discharged the duties pertaining
called Ministers) as examples during the thereto, is legally entitled to the emoluments
debate and deliberation on the general rule of the office, and may in an appropriate
laid down for all appointive officials should action recover the salary, fees and other
be considered as mere personal opinions compensations attached to the office. This
which cannot override the constitution's doctrine is, undoubtedly, supported on
manifest intent and the people' equitable grounds since it seems unjust that
understanding thereof. the public should benefit by the services of
 In the light of the construction given to an officer de facto and then be freed from all
Section 13, Article VII in relation to Section liability to pay any one for such services.
7, par. (2), Article IX-B of the 1987 Any per diem, allowances or other
Constitution, Executive Order No. 284 dated emoluments received by the respondents by
July 23, 1987 is unconstitutional. Ostensibly virtue of actual services rendered in the
restricting the number of positions that questioned positions may therefore be
Cabinet members, undersecretaries or retained by them.
assistant secretaries may hold in addition to
their primary position to not more than two
(2) positions in the government and ELIGIBILITY AND QUALIFICATIONS
government corporations, Executive Order
No. 284 actually allows them to hold
multiple offices or employment in direct Labo v. COMELEC; July 3, 1992; Bidin, J.
contravention of the express mandate of
Section 13, Article VII of the 1987 Facts:
Constitution prohibiting them from doing so, Ramon Labo, Jr., who, believing that he is a
unless otherwise provided in the 1987 Filipino citizen launched his candidacy for
Constitution itself.
mayor of Baguio City in the last May 11, 1992
 Finding Executive Order No. 284 to be
elections by filing his certificate of candidacy on
constitutionally infirm, the court hereby
orders respondents Secretary of March 23, 1992.
Environment and Natural Resources
Fulgencio Factoran, Jr., Secretary of Local
Government Luis Santos, Secretary of Petitioner Roberto Ortega (GR No. 105384), on
National Defense Fidel V. Ramos, Secretary other hand, also filed his certificate of candidacy
of Health Alfredo R.A. Bengzon and for the same office on March 25, 1992.
Secretary of the Budget Guillermo Carague
to immediately relinquish their other offices Shortly after petitioner Labo filed his certificate
or employment, as herein defined, in the of candidacy, petitioner Ortega filed on March
government, including government-owned 26, 1992, a disqualification proceeding against
or controlled corporations and their Labo before the Comelec, seeking to cancel
subsidiaries. With respect to the other Labo's certificate of candidacy on the ground
named respondents, the petitions have
that Labo made a false representation when he WON Petitioner Labo is qualified to be Mayor
stated therein that he (Labo) is a "natural-born" of Baguio? – NO
citizen of the Philippines.
Ratio:
The disqualification case was set for reception of
evidence. At the said hearing, Ortega presented  Labo argues: It is the contention of
petitioner Labo that he is a Filipino citizen.
the decision of this Court in Labo v. COMELEC
Alleging lack of trial on the merits as well as
[1989] declaring Labo not a citizen of the
the lack of opportunity to be heard in Labo
Philippines. Labo, on the other hand, though v. Commission on Elections (supra), it is the
represented by counsel, did not present any submission of petitioner that he can prove
evidence. It was only on May 5, 1992 that his Filipino citizenship.
petitioner submitted his Answer claiming  also faults the Comelec for the supposed
Filipino citizenship. – COMELEC – Denied due abbreviated proceedings in SPA No. 92-029
course to Labo’s CoC which denied him adequate opportunity to
present a full-dress presentation of his case.
Labo filed a motion to stay implementation of Thus: a) only one (1) day was set for hearing
said resolution until after he shall have raised the of the case, i.e., May 4, 1992; b) two days
matter before this Court. later, May 6, 1992 the hearing was set; c)
instead of holding a hearing, the Comelec
Comelec issued an Order; Acting on the "Urgent
issued the questioned resolution on May 9,
Ex-Parte Motion for Clarification", filed by 1992.
respondent (Labo) on May 9, 1992, the  To refresh the mind of petitioner Labo, as
Commission resolves that the decision well as that of his counsel, records disclose
promulgated on May 9, 1992 disqualifying that summons were issued by respondent
respondent Ramon L. Labo, Jr., shall become Comelec as early as March 27, 1992
final and executory only after five (5) days from followed by a telegram on April 1, 1992.
promulgation pursuant to Rule 18, Section 13, But petitioner chose to ignore the same.
Paragraph (b) of the Comelec Rules of Came April 15, 1992, petitioner Ortega filed
Procedure. a motion to declare petitioner Labo in
default. Over-extending him (Labo) the
Accordingly, respondent (Labo) may still benefit of due process, respondent Comelec
continue to be voted upon as candidate for City issued another order dated April 24, 1992,
Mayor of Baguio City on May 11, 1992 subject this time directing the Acting City Election
to the final outcome of this case in the event the Registrar of Baguio to personally serve the
issue is elevated to the Supreme Court either on summons. The alleged delay in the
appeal or certiorari. resolution can only be attributed to
petitioner Labo and no one else
Petitioner Labo filed the instant petition for  At any rate, the fact remains that he has not
review docketed as G.R. No. 105111 with submitted in the instant case any evidence, if
prayer, among others, for the issuance of a there be any, to prove his reacquisition of
temporary restraining order to set aside the May Philippine citizenship either before this
9, 1992 resolution of respondent Comelec; to Court or the Comelec. On this score alone,
render judgment declaring him as a Filipino We find no grave abuse of discretion
citizen; and to direct respondent Comelec to committed by respondent Comelec in
cancelling his (Labo's) certificate of
proceed with his proclamation in the event he
candidacy and declaring that he is NOT a
wins in the contested elections Filipino citizen pursuant to our ruling in the
1989 case of Labo v. Comelec
 Furthermore, we need only to reiterate what
Issue: we have stated in Labo v. Comelec; viz.,:
o Under CA No. 63, as amended by notoriety, would nonetheless cast their votes
P.D. No. 725, Philippine citizenship in favor of the ineligible candidate. In such
may be reacquired by a direct act of case, the electorate may be said to have
Congress, by naturalization, or by waived the validity and efficacy of their
repatriation. It does not appear in votes by notoriously misapplying their
the record, nor does the petitioner franchise or throwing away their votes, in
claim, that he has reacquired which case, the eligible candidate obtaining
Philippine citizenship by any of the next higher number of votes may be
these methods. He does not point to deemed elected.
any judicial decree of naturalization  As a consequence of petitioners'
or to any statute directly conferring ineligibility, a permanent vacancy in the
Philippine citizenship upon him. contested office has occurred. This should
 Petitioner Labo's status has not changed in now be filled by the vice-mayor
the case at bar. To reiterate, he (Labo) was
disqualified as a candidate for being an
alien. His election does not automatically Gutierrez concurring and dissenting
restore his Philippine citizenship, the It is my view that since Mayor Labo never
possession of which is an indispensable
validly acquired Australian citizenship, he never
requirement for holding public office
lost his Philippine citizenship. His oath of
 To date, however, and despite favorable
recommendation by the Solicitor General, allegiance to Australia was null and void
the Special Committee on Naturalization because he was not qualified to be an Australian
had yet acted upon said application for citizen. This is clear from the certification of
repatriation. Indeed, such fact is even Australia's Embassy officials. To me, a null and
admitted petitioner. In the absence of any void act cannot have the positive and serious
official action or approval by the proper effect of stripping a Filipino of his natural-born
authorities, a mere application for citizenship.
repratriation, does not, and cannot, amount
to an automatic reacquisition of the
applicant's Philippine citizenship.
Labo's taking an oath as citizen of a foreign
country was based on his marriage to a citizen of
WON the disqualification of petitioner Labo that country. It turns out, however, that Labo's
entitles the candidate (Ortega) receiving the next marriage was bigamous and void because his
highest number of votes to be proclaimed as the Australian wife had an existing valid marriage
winning candidate for mayor – NO when she tied the knot with him. Not being
married to her, Labo could not become an
 While Ortega may have garnered the second Australian. Not being qualified to become an
highest number of votes for the office of city Australian citizen, his oath of allegiance to that
mayor, the fact remains that he was not the
country was meaningless act. It should not
choice of the sovereign will. Petitioner Labo
was overwhelmingly voted by the electorate deprive him of his Philippine citizenship. I
for the office of mayor in the belief that he cannot believe that Mayor Labo gave up his
was then qualified to serve the people of citizenship in order to acquire a stateless status.
Baguio City and his subsequent
Frivaldo v. COMELEC; June 28, 1996;
disqualification does not make respondent
Panginiban, J.
Ortega the mayor-elect.
 The rule would have been different if the
electorate fully aware in fact and in law of a Facts:
candidate's disqualification so as to bring
such awareness within the realm of
March 20, 1995, Frivaldo filed his Certificate of June 21, 1995) (of the Comelec) x x x was
Candidacy for the office of Governor of released and received by Frivaldo on June 30,
Sorsogon in the May 8, 1995 elections. On 1995 at 5:30 o'clock in the evening, there was no
March 23, 1995, petitioner Raul R. Lee, another more legal impediment to the proclamation (of
candidate, filed a petition with the COMELEC Frivaldo) as governor
docketed as SPA No. 95-028 praying that
The Comelec First Division promulgated the
Frivaldo "be disqualified from seeking or
herein assailed Resolution holding that Lee, "not
holding any public office or position by reason
having garnered the highest number of votes,"
of not yet being a citizen of the Philippines," and
was not legally entitled to be proclaimed as
that his Certificate of Candidacy be cancelled
duly-elected governor; and that Frivaldo,
COMELEC promulgated a Resolution granting "having garnered the highest number of votes,
the petition disqualifying Frivaldo and cancelled and xxx having reacquired his Filipino
his CoC on ground that he was not a Filipino citizenship by repatriation on June 30, 1995
citizen under the provisions of Presidential Decree No.
725 xxx (is) qualified to hold the office of
MR filed by Frivaldo remained unacted upon
governor of Sorsogon
until after the May 8, 1995 elections. So, his
candidacy continued and he was voted for
during the elections held on said date. On May
11, 1995, the Comelec en banc affirmed the Issue:
aforementioned Resolution. Frivaldo garnered WON the repatriation of Frivaldo valid and
the highest number of votes and Lee came in legal? If so, did it seasonably cure his lack of
second. citizenship as to qualify him to be proclaimed
and to hold the Office of Governor? If not, may
Lee filed a (supplemental) petition praying for
it be given retroactive effect? If so, from when?
his proclamation as the duly-elected Governor of
Sorsogon. In an order dated June 21, 1995, but Ratio:
promulgated according to the petition "only on
June 29, 1995," the Comelec en banc directed  Despite his lack of Philippine citizenship,
"the Provincial Board of Canvassers of Sorsogon Frivaldo was overwhelmingly elected
to reconvene for the purpose of proclaiming governor by the electorate of Sorsogon, with
a margin of 27,000 votes in the 1988
candidate Raul Lee as the winning gubernatorial
elections, 57,000 in 1992, and 20,000 in
candidate in the province of Sorsogon on June
1995 over the same opponent Raul Lee.
29,1995 x x x." Accordingly, at 8:30 in the
 Twice, he was judicially declared a non-
evening of June 30,1995, Lee was proclaimed Filipino and thus twice disqualified from
governor of Sorsogon. holding and discharging his popular
On July 6, 1995, Frivaldo filed with the mandate. Now, he comes to us a third time,
with a fresh vote from the people of
Comelec a new petition, docketed as SPC No.
Sorsogon and a favorable decision from the
95-317, praying for the annulment of the June Commission on Elections to boot.
30, 1995 proclamation of Lee and for his own  Moreover, he now boasts of having
proclamation. He alleged that on June 30, 1995, successfully passed through the third and
at 2:00 in the afternoon, he took his oath of last mode of reacquiring citizenship: by
allegiance as a citizen of the Philippines after repatriation under P.D. No. 725, with no less
"his petition for repatriation under P.D. 725 than the Solicitor General himself, who was
which he filed with the Special Committee on the prime opposing counsel in the previous
Naturalization in September 1994 had been cases he lost, this time, as counsel for co-
granted." As such, when "the said order (dated respondent Comelec, arguing the validity of
his cause (in addition to his able private impliedly state that P.D. 725 was being
counsel Sixto S. Brillantes, Jr.). repealed or was being rendered without any
 That he took his oath of allegiance under the legal effect.
provisions of said Decree at 2:00 p.m. on  At best, it could be treated as an executive
June 30, 1995 is not disputed. Hence, he policy addressed to the Special Committee
insists that he, not Leeshould have been to halt the acceptance and processing of
proclaimed as the duly-elected governor of applications for repatriation pending
Sorsogon when the Provincial Board of whatever "judgment the first Congress under
Canvassers met at 8:30 p.m. on the said date the 1987 Constitution" might make. In other
since, clearly and unquestionably, he words, the former President did not repeal
garnered the highest number of votes in the P.D. 725 but left it to the first Congress once
elections and since at that time, he already created to deal with the matter. If she had
reacquired his citizenship. intended to repeal such law, she should have
 Lee Argument: PD 725 had “been unequivocally said so instead of referring
effectively repealed,” asserting that “then the matter to Congress
President Corazon Aquino exercising  Lee further contends that assuming the
legislative powers under the Transitory assailed repatriation to be valid, nevertheless
Provisions of the 1987 Constitution, forbade it could only be effective as at 2:00 p.m. of
the grant of citizenship by Presidential June 30, 1995 whereas the citizenship
Decree or Executive Issuances. In President qualification prescribed by the Local
Aquino’s memorandum dated March 27, Government Code "must exist on the date of
1987 to the members of the Special his election, if not when the certificate of
Committee on Naturalization constituted for candidacy is filed
purposes of PD 725, she directed them “to
cease and desist from undertaking any and
all proceedings within your functional area  It will be noted that the law does not specify
of responsibility as defined under Letter of any particular date or time when the
Instructions (LOI)No. 270 dated April 11, candidate must possess citizenship, unlike
1975, as amended.” that for residence (which must consist of at
 Assuming the assailed repatriation to be least one year's residency immediately
valid, nevertheless it could only be effective preceding the day of election) and age (at
as at 2 pm of June 30, 1995 whereas the least twenty three years of age on election
citizenship qualification prescribed by the day).
LGC “must exist on the date of his election,  Philippine citizenship is an indispensable
if not when the certificate of candidacy is requirement for holding an elective public
filed,” citing SC in a previous decision office, and the purpose of the citizenship
which held that “both the LGC and the qualification is none other than to ensure
Constitution require that only Philippine that no alien, i.e., no person owing
citizens can run and be elected to public allegiance to another nation, shall govern
office.” our people and our country or a unit of
 This memorandum dated March 27, 1987 territory thereof. Now, an official begins to
cannot by any stretch of legal hermeneutics govern or to discharge his functions only
be construed as a law sanctioning or upon his proclamation and on the day the
authorizing a repeal of P.D. No. 725. Laws law mandates his term of office to begin
are repealed only by subsequent ones and a  Since Frivaldo re-assumed his citizenship on
repeal may be express or implied. June 30, 1995 the very day the term of office
 It is obvious that no express repeal was of governor (and other elective officials)
made because then President Aquino in her began he was therefore already qualified to
memorandum based on the copy furnished be proclaimed, to hold such office and to
us by Lee did not categorically and/or discharge the functions and responsibilities
thereof as of said date. In short, at that time,
he was already qualified to govern his native eligibility as a voter and he was
Sorsogon. allowed to vote as in fact, he voted
 But perhaps the more difficult objection was in all the previous elections
the one raised during the oral argumen4 to including on May 8,1995
the effect that the citizenship qualification  But to remove all doubts on this important
should be possessed at the time the issue, we also hold that the repatriation of
candidate (or for that matter the elected Frivaldo RETRO ACTED to the date of the
official) registered as a voter. After all, filing of his application on August 17,1994.
Section 39 , apart from requiring the official  laws shall have no retroactive effect, unless
to be a citizen, also specifies as another item the contrary is provided." But there are
of qualification, that he be a "registered settled exceptions40 to this general rule,
voter." And, under the law a "voter" must be such as when the statute is CURATIVE or
a citizen of the Philippines. So therefore, REMEDIAL in nature or when it CREATES
Frivaldo could not have been a voter-much NEW RIGHTS.
less a validly registered one if he was not a  A reading of P.D. 725 immediately shows
citizen at the time of such registration. that it creates a new right, and also provides
 The answer to this problem again lies in for a new remedy, thereby filling certain
discerning the purpose of the requirement. If voids in our laws.
the law intended the citizenship qualification  Thus, in its preamble, P.D. 725 expressly
to be possessed prior to election consistent recognizes the plight of "many Filipino
with the requirement of being a registered women (who) had lost their Philippine
voter, then it would not have made citizenship by marriage to aliens" and who
citizenship a SEPARATE qualification. could not, under the existing law (C. A. No.
 It therefore stands to reason that the law 63, as amended) avail of repatriation until
intended CITIZENSHIP to be a qualification "after the death of their husbands or the
distinct from being a VOTER, even if being termination of their marital status" and who
a voter presumes being a citizen first. It also could neither be benefitted by the 1973
stands to reason that the voter requirement Constitution's new provision allowing "a
was included as another qualification (aside Filipino woman who marries an alien to
from "citizenship"), not to reiterate the need retain her Philippine citizenship xxx"
for nationality but to require that the official because "such provision of the new
be registered as a voter IN THE AREA OR Constitution does not apply to Filipino
TERRITORY he seeks to govern where he women who had married aliens before said
intends to be elected. constitution took effect."
o Before this Court, Frivaldo has  Thus, P.D. 725 granted a new right to these
repeatedly emphasizedand Lee has women the right to re-acquire Filipino
not disputed that he "was and is a citizenship even during their marital
registered voter of Sorsogon, and his coverture, which right did not exist prior to
registration as a voter has been P.D. 725. On the other hand, said statute
sustained as valid by judicial also provided a new remedy and a new right
declaration x x x In fact, he cast his in favor of other "natural born Filipinos who
vote in his precinct on May 8, (had) lost their Philippine citizenship but
1995."36 now desire to re-acquire Philippine
o So too, during the oral argument, his citizenship," because prior to the
counsel stead-fastly maintained that promulgation of P.D. 725 such former
"Mr. Frivaldo has always been a Filipinos would have had to undergo the
registered voter of Sorsogon. He has tedious and cumbersome process of
voted in 1987,1988,1992, then he naturalization, but with the advent of P.D.
voted again in 1995. In fact, his 725 they could now re-acquire their
eligibility as a voter was questioned,
but the court dismissed his
Philippine citizenship under the simplified HRET rendered its decision dismissing the
procedure of repatriation. petition for quo warranto and declaring
respondent Cruz the duly elected Representative
Bengzon v. HRET; May 7, 2001; Kapunan, J. Issue:
Facts: WON Cruz, a natural-born Filipino who became
an American citizen, can still be considered a
Respondent Cruz was a natural-born citizen of
natural-born Filipino upon his reacquisition of
the Philippines. He was born in San Clemente,
Philippine citizenship.- YES
Tarlac, on April 27, 1960, of Filipino parents.
The fundamental law then applicable was the Ratio:
1935 Constitution.
 As defined in the same Constitution,
On November 5, 1985, however, respondent natural-born citizens "are those citizens
Cruz enlisted in the United States Marine Corps of the Philippines from birth without
and, without the consent of the Republic of the having to perform any act to acquire or
Philippines, took an oath of allegiance to the perfect his Philippine citizenship
United States. As a consequence, he lost his  To be naturalized, an applicant has to
Filipino citizenship for under Commonwealth prove that he possesses all the
qualifications and none of the
Act No. 63, Section 1(4), a Filipino citizen may
disqualifications provided by law to
lose his citizenship by, among others, "rendering
become a Filipino citizen.
service to or accepting commission in the armed  The decision granting Philippine
forces of a foreign country." citizenship becomes executory only after
Whatever doubt that remained regarding his loss two (2) years from its promulgation when
of Philippine citizenship was erased by his the court is satisfied that during the
intervening period, the applicant has (1)
naturalization as a U.S. citizen on June 5, 1990,
not left the Philippines; (2) has dedicated
in connection with his service in the U.S. Marine himself to a lawful calling or profession;
Corps. (3) has not been convicted of any offense
On March 17, 1994, respondent Cruz reacquired or violation of Government promulgated
rules; or (4) committed any act
his Philippine citizenship through repatriation
prejudicial to the interest of the nation or
under Republic Act No. 2630. He ran for and
contrary to any Government announced
was elected as the Representative of the Second policies.
District of Pangasinan in the May 11, 1998
elections. He won by a convincing margin of  Filipino citizens who have lost their
26,671 votes over petitioner Antonio Bengson citizenship may however reacquire the
III, who was then running for reelection. same in the manner provided by law.
Commonwealth Act. No. 63 (C.A. No.
Petitioner filed a case for Quo Warranto Ad 63), enumerates the three modes by
Cautelam with respondent House of which Philippine citizenship may be
Representatives Electoral Tribunal (HRET) reacquired by a former citizen: (1) by
claiming that respondent Cruz was not qualified naturalization, (2) by repatriation, and (3)
to become a member of the House of by direct act of Congress.
Representatives since he is not a natural-born  Repatriation, may be had under various
citizen as required under Article VI, Section 6 of statutes by those who lost their
the Constitution. citizenship due to: (1) desertion of the
armed forces; (2) service in the armed
forces of the allied forces in World War
II; (3) service in the Armed Forces of the was not a citizen of the Philippines but of the
United States at any other time; (4) United States.
marriage of a Filipino woman to an alien;
and (5) political and economic necessity The respondent admitted that he is registered as
 Repatriation results in the recovery of the a foreigner with the Bureau of Immigration
original nationality. This means that a under Alien Certificate of Registration No. B-
naturalized Filipino who lost his 31632 and alleged that he is a Filipino citizen
citizenship will be restored to his prior because he was born in 1955 of a Filipino father
status as a naturalized Filipino citizen. and a Filipino mother. He was born in the
On the other hand, if he was originally a United States, San Francisco, California, on
natural-born citizen before he lost his September 14, 1955, and is considered an
Philippine citizenship, he will be restored American citizen under US Laws. But
to his former status as a natural-born
notwithstanding his registration as an American
Filipino.
citizen, he did not lose his Filipino citizenship.
 In respondent Cruz's case, he lost his
Judging from the foregoing facts, it would
Filipino citizenship when he rendered
service in the Armed Forces of the appear that respondent Manzano is both a
United States. However, he Filipino and a US citizen. In other words, he
subsequently reacquired Philippine holds dual citizenship. And Under Section 40(d)
citizenship under R.A. No. 2630 of the LGC, those holding dual citizenship are
 Having thus taken the required oath of disqualified from running for any elective local
allegiance to the Republic and having position.
registered the same in the Civil Registry
of Magantarem, Pangasinan in
accordance with the aforecited COMELEC granted the petition of Mamaril and
provision, respondent Cruz is deemed to
ordered the cancellation of the certificate of
have recovered his original status as a
candidacy of private respondent on the ground
natural-born citizen, a status which he
acquired at birth as the son of a Filipino that he is a dual citizen
father. It bears stressing that the act of On May 8, 1998, private respondent filed a
repatriation allows him to recover, or motion for reconsideration. The motion
return to, his original status before he
remained pending even until after the election
lost his Philippine citizenship.
held on May 11, 1998. The motion was not
resolved. Instead, on August 31, 1998, the
Mercado v. Manzano; May 26, 1999; COMELEC en banc rendered its resolution.
Mendoza, J. Voting 4 to 1, with one commissioner
abstaining, the COMELEC en banc reversed the
Facts: ruling of its Second Division and declared
Petitioner Ernesto S. Mercado and private private respondent qualified to run for vice
respondent Eduardo B. Manzano were mayor of the City of Makati in the May 11, 1998
candidates for vice mayor of the City of Makati elections. the board of canvassers, on the
in the May 11, 1998 elections. The other one evening of August 31, 1998, proclaimed private
was Gabriel V. Daza III. Manzano – Highest respondent as vice mayor of the City of Makati.
votes; Mercado – Second highest
The proclamation of private respondent was
Issue:
suspended in view of a pending petition for
disqualification filed by a certain Ernesto WON Dual citizenship is a ground for DQ - NO
Mamaril who alleged that private respondent
Ratio: citizenship and anything which he may have
said before as a dual citizen.
 To begin with, dual citizenship is different  Finally, much is made of the fact that private
from dual allegiance. The former arises respondent admitted that he is registered as
when, as a result of the concurrent an American citizen in the Bureau of
application of the different laws of two or Immigration and Deportation and that he
more states, a person is simultaneously holds an American passport which he used
considered a national by the said states. For in his last travel to the United States on
instance, such a situation may arise when a April 22, 1997. There is no merit in this.
person whose parents are citizens of a state Until the filing of his certificate of
which adheres to the principle of jus candidacy on March 21, 1998, he had dual
sanguinis is born in a state which follows the citizenship.
doctrine of jus soli. Such a person, ipso facto  The acts attributed to him can be considered
and without any voluntary act on his part, is simply as the assertion of his American
concurrently considered a citizen of both nationality before the termination of his
states. American citizenship.
 Dual allegiance, on the other hand, refers to  The declarations made in his certificate of
the situation in which a person candidacy effectively repudiated his
simultaneously owes, by some positive act, American citizenship and anything which he
loyalty to two or more states. While dual may have said before as a dual citizen.
citizenship is involuntary, dual allegiance is  Respondent’s oath of allegiance to the
the result of an individuals volition. Philippines, when considered with the fact
 In including §5 in Article IV on citizenship, that he has spent his youth and adulthood,
the concern of the Constitutional received his education, practiced his
Commission was not with dual citizens per profession as an artist, and taken part in past
se but with naturalized citizens who elections in this country, leaves no doubt of
maintain their allegiance to their countries of his election of Philippine citizenship.
origin even after their naturalization. Hence,  His declarations will be taken upon the faith
the phrase “dual citizenship” in R.A. No. that he will fulfill his undertaking made
7160, §40(d) and in R.A. No. 7854, §20 under oath. Should he betray that trust, there
must be understood as referring to “dual are enough sanctions for declaring the loss
allegiance.” of his Philippine citizenship through
expatriation in appropriate proceedings.
WON Edu sufficiently renounced his citizenship
– YES
AASJS (ADVOCATES AND ADHERENTS
 By filing a certificate of candidacy when he OF SOCIAL JUSTICE FOR SCHOOL
ran for his present post, private respondent
TEACHERS AND ALLIED WORKERS)
elected Philippine citizenship and in effect
MEMBER - HECTOR GUMANGAN
renounced his American citizenship. Private
respondent’s certificate of candidacy CALILUNG v. Datumanog (Justice Sec.);
contained the following declarations made May 11, 2007; Quisumbing, J.
under oath: that he is a Filipino citizen; that
he is not a permanent resident or immigrant
of another country; that he will defend and Facts:
support the Constitution of the Philippines
and bear true faith and allegiance thereto Petitioner filed the instant petition against
and that he does so without mental respondent, then Secretary of Justice Simeon
reservation, private respondent has, as far as Datumanong, the official tasked to implement
the laws of this country are concerned, laws governing citizenship. Petitioner prays that
effectively repudiated his American a writ of prohibition be issued to stop respondent
from implementing Republic Act No. 9225, foreign citizenship. The fact that the
entitled "An Act Making the Citizenship of applicant taking the oath recognizes and
Philippine Citizens Who Acquire Foreign accepts the supreme authority of the
Citizenship Permanent, Amending for the Philippines is an unmistakable and
Purpose Commonwealth Act No. 63, As categorical affirmation of his undivided
Amended, and for Other Purposes." (Basically, loyalty to the Republic.
Filipinos who become citizens of another
country shall retain their Filipino citizenship and  Resort to the deliberations of Congress is
any Filipino who lost their Filipino citizenship necessary to determine the intent of the
by reason of naturalization is deemed to legislative branch in drafting the assailed
reacquired Filipino citizenship), law. During the deliberations, the issue of
whether Rep. Act No. 9225 would allow
Petitioner avers that Rep. Act No. 9225 is dual allegiance had in fact been the subject
unconstitutional as it violates Section 5, Article of debate.
IV of the 1987 Constitution that states,  Rep. Locsin underscored that the measure
"allegiance of citizens is inimical to the national does not seek to address the constitutional
interest and shall be dealt with by law." injunction on dual allegiance as inimical to
public interest. He said that the proposed
Issue: law aims to facilitate the reacquisition of
WON Rep. Act No. 9225 unconstitutional Philippine citizenship by speedy means.
However, he said that in one sense, it
Ratio: addresses the problem of dual citizenship by
requiring the taking of an oath. He explained
 Petitioner contends that Rep. Act No. 9225 that the problem of dual citizenship is
cheapens Philippine citizenship. He avers transferred from the Philippines to the
that Sections 2 and 3 of Rep. Act No. 9225, foreign country because the latest oath that
together, allow dual allegiance and not dual will be taken by the former Filipino is one of
citizenship. allegiance to the Philippines and not to the
 Petitioner maintains that Section 2 allows all United States, as the case may be.
Filipinos, either natural-born or naturalized,  He added that this is a matter which the
who become foreign citizens, to retain their Philippine government will have no concern
Philippine citizenship without losing their and competence over.
foreign citizenship. Section 3 permits dual  From the above excerpts of the legislative
allegiance because said law allows natural- record, it is clear that the intent of the
born citizens of the Philippines to regain legislature in drafting Rep. Act No. 9225 is
their Philippine citizenship by simply taking to do away with the provision in
an oath of allegiance without forfeiting their Commonwealth Act No. 635 which takes
foreign allegiance. away Philippine citizenship from natural-
 The Constitution, however, is categorical born Filipinos who become naturalized
that dual allegiance is inimical to the citizens of other countries.
national interest.  What Rep. Act No. 9225 does is allow dual
 The OSG claims that Section 2 merely citizenship to natural-born Filipino citizens
declares as a state policy that "Philippine who have lost Philippine citizenship by
citizens who become citizens of another reason of their naturalization as citizens of a
country shall be deemed not to have lost foreign country. On its face, it does not
their Philippine citizenship." The OSG recognize dual allegiance. By swearing to
further claims that the oath in Section 3 does the supreme authority of the Republic, the
not allow dual allegiance since the oath person implicitly renounces his foreign
taken by the former Filipino citizen is an citizenship. Plainly, from Section 3, Rep.
effective renunciation and repudiation of his Act No. 9225 stayed clear out of the
problem of dual allegiance and shifted the Her Answer to private respondent's petition in
burden of confronting the issue of whether SPA No. 95-009 was likewise filed with the
or not there is dual allegiance to the head office on the same day. In said Answer,
concerned foreign country. What happens to petitioner averred that the entry of the word
the other citizenship was not made a concern "seven" in her original Certificate of Candidacy
of Rep. Act No. 9225. was the result of an "honest misinterpretation"
which she sought to rectify by adding the words
Romualdez-Marcos v. COMELEC; "since childhood" in her Amended/Corrected
September 18, 1995; Kapunan, J. Certificate of Candidacy and that "she has
always maintained Tacloban City as her
Facts: Petitioner Imelda Romualdez-Marcos domicile or residence.
filed her Certificate of Candidacy for the
position of Representative of the First District of
Leyte with the Provincial Election Supervisor on
COMELEC issued a resolution 1) finding
March 8, 1995
private respondent's Petition for Disqualification
Private respondent Cirilo Roy Montejo, the in SPA 95-009 meritorious; 2) striking off
incumbent Representative of the First District of petitioner's Corrected/Amended Certificate of
Leyte and a candidate for the same position, Candidacy of March 31, 1995; and 3) canceling
filed a "Petition for Cancellation and her original Certificate of Candidacy. En Banc
Disqualification" with the COMELEC alleging denied MR
that petitioner did not meet the constitutional
Issue:
requirement for residency. In his petition,
private respondent contended that Mrs. Marcos WON petitioner was a resident, for election
lacked the Constitution's one year residency purposes, of the First District of Leyte for a
requirement for candidates for the House of period of one year at the time of the May 9,
Representatives on the evidence of declarations 1995 elections.
made by her in Voter Registration Record 94-
No. 33497726 and in her Certificate of Ratio:
Candidacy. He prayed that "an order be issued  Residence, in its ordinary conception,
declaring (petitioner) disqualified and canceling implies the factual relationship of an
the certificate of candidacy. individual to a certain place. It is the
physical presence of a person in a given
Petitioner filed an Amended/Corrected area, community or country. The essential
Certificate of Candidacy, changing the entry distinction between residence and domicile
"seven" months to "since childhood" in item no. in law is that residence involves the intent to
8 of the amended certificate.8On the same day, leave when the purpose for which the
the Provincial Election Supervisor of Leyte resident has taken up his abode ends. One
informed petitioner that: may seek a place for purposes such as
pleasure, business, or health. If a person's
This office cannot receive or accept the intent be to remain, it becomes his domicile;
aforementioned Certificate of Candidacy if his intent is to leave as soon as his purpose
on the ground that it is filed out of time, is established it is residence. It is thus, quite
the deadline for the filing of the same perfectly normal for an individual to have
having already lapsed on March 20, different residences in various places.
1995. The Corrected/Amended However, a person can only have a single
Certificate of Candidacy should have domicile, unless, for various reasons, he
been filed on or before the March 20, successfully abandons his domicile in favor
1995 deadline of another domicile of choice.
 The deliberations of the 1987 Constitution  An individual does not lose his domicile
on the residence qualification for certain even if he has lived and maintained
elective positions have placed beyond doubt residences in different places. Residence, it
the principle that when the Constitution bears repeating, implies a factual
speaks of "residence" in election law, it relationship to a given place for various
actually means only "domicile" purposes.
 It is the fact of residence, not a statement in  The absence from legal residence or
a certificate of candidacy which ought to be domicile to pursue a profession, to study or
decisive in determining whether or not and to do other things of a temporary or semi-
individual has satisfied the constitution's permanent nature does not constitute loss of
residency qualification requirement. residence. Thus, the assertion by the
 The said statement becomes material only COMELEC that "she could not have been a
when there is or appears to be a deliberate resident of Tacloban City since childhood up
attempt to mislead, misinform, or hide a fact to the time she filed her certificate of
which would otherwise render a candidate candidacy because she became a resident of
ineligible. It would be plainly ridiculous for many places" flies in the face of settled
a candidate to deliberately and knowingly jurisprudence in which this Court carefully
make a statement in a certificate of made distinctions between (actual) residence
candidacy which would lead to his or her and domicile for election law purposes
disqualification.  While petitioner was born in Manila, as a
 It stands to reason therefore, that petitioner minor she naturally followed the domicile of
merely committed an honest mistake in her parents. She grew up in Tacloban,
jotting the word "seven" in the space reached her adulthood there and eventually
provided for the residency qualification established residence in different parts of the
requirement. The circumstances leading to country for various reasons. Even during her
her filing the questioned entry obviously husband's presidency, at the height of the
resulted in the subsequent confusion which Marcos Regime's powers, petitioner kept her
prompted petitioner to write down the period close ties to her domicile of origin by
of her actual stay in Tolosa, Leyte instead of establishing residences in Tacloban,
her period of residence in the First district, celebrating her birthdays and other
which was "since childhood" in the space important personal milestones in her home
provided. province, instituting well-publicized projects
 Having been forced by private respondent to for the benefit of her province and
register in her place of actual residence in hometown, and establishing a political
Leyte instead of petitioner's claimed power base where her siblings and close
domicile, it appears that petitioner had jotted relatives held positions of power either
down her period of stay in her legal through the ballot or by appointment, always
residence or domicile. The juxtaposition of with either her influence or consent. These
entries in Item 7 and Item 8 — the first well-publicized ties to her domicile of origin
requiring actual residence and the second are part of the history and lore of the quarter
requiring domicile — coupled with the century of Marcos power in our country.
circumstances surrounding petitioner's Either they were entirely ignored in the
registration as a voter in Tolosa obviously COMELEC'S Resolutions, or the majority
led to her writing down an unintended entry of the COMELEC did not know what the
for which she could be disqualified. This rest of the country always knew: the fact of
honest mistake should not, however, be petitioner's domicile in Tacloban, Leyte.
allowed to negate the fact of residence in the
First District if such fact were established by Poe-Llamanzares v. COMELEC; March 8,
means more convincing than a mere entry 2016; Perez, J.
on a piece of paper.
Facts:
Petitioner was found abandoned as a newborn 2005. Finally, petitioner came home to the
infant in the Parish Church of Jaro, Iloilo by a Philippines on 24 May 2005 and without delay,
certain Edgardo Militar on 3 September 1968. secured a TIN from the BIR.
She was registered as a foundling with the
In late March 2006, petitioner's husband
Office of the Civil Registrar of Iloilo City
officially informed the U.S. Postal Service of the
(OCR-Iloilo).
family's change and abandonment of their
In her Foundling Certificate and Certificate of address in the U.S. The family home was
Live Birth, the petitioner was given the name eventually sold on 27 April 2006. Petitioner's
"Mary Grace Natividad Contreras Militar." husband resigned from his job in the U.S. in
April 2006, arrived in the country on 4 May
When petitioner was five years old, spouses
2006. They now live in their family home in
Ronald Allan Kelley Poe and Jesusa Sonora Poe
Corinthian Gardens.
filed a petition for her adoption with MTC. The
trial court granted their petition and ordered that On 7 July 2006, petitioner took her Oath of
petitioner's name be changed from "Mary Grace Allegiance to the Republic of the Philippines
Natividad Contreras Militar" to "Mary Grace pursuant to R.A. No. 9225 or the Citizenship
Natividad Sonora Poe." Retention and Re-acquisition Act of 2003.
Under the same Act, she filed with the Bureau of
On 27 July 1991, petitioner married Teodoro
Immigration (BI) a sworn petition to reacquire
Misael Daniel V. Llamanzares, a citizen of both
Philippine citizenship together with petitions for
the Philippines and the U.S in San Juan City.
derivative citizenship on behalf of her three
Desirous of being with her husband who was
minor children
then based in the U.S., the couple flew back to
the United States two days after the wedding As can be gathered from its 18 July 2006 Order,
ceremony the BI acted favorably on petitioner's petitions
and declared that she is deemed to have
On 18 October 2001, petitioner became a
reacquired her Philippine citizenship while her
naturalized American citizen.
children are considered as citizens of the
On 8 April 2004, the petitioner came back to the Philippines. Consequently, the BI issued
Philippines to support her father's candidacy for Identification Certificates in petitioner's name
Presidency in the May 2004 elections. It was and in the names of her children.
during this time that she gave birth to her
On 6 October 2010, President Aquino appointed
youngest daughter Anika. She returned to the
petitioner as Chairperson of the MTRCB. Before
U.S. on 8 July 2004
assuming her post, petitioner executed an
After a few months, specifically on 13 "Affidavit of Renunciation of Allegiance to the
December 2004, petitioner rushed back to the United States of America and Renunciation of
Philippines upon learning of her father's American Citizenship" before a notary public in
deteriorating medical condition. After her Pasig City on 20 October 2010, in satisfaction of
father’s death, she stayed in the country until 3 the legal requisites stated in Section 5 of R.A.
February 2005 to take care of her father's funeral No. 9225. The following day, 21 October 2010
arrangements as well as to assist in the petitioner submitted the said affidavit to the BI
settlement of his estate. and took her oath of office as Chairperson of the
MTRCB. From then on, petitioner stopped using
In her earnest desire to be with her grieving her American passport
mother, the petitioner and her husband decided
to move and reside permanently in the Subsequently, the petitioner executed before the
Philippines sometime in the first quarter of Vice Consul of the U.S. Embassy in Manila an
"Oath/Affirmation of Renunciation of probability of improbability of the fact in
Nationality of the United States." She issue.
accomplished a sworn questionnaire before the  The Solicitor General and the petitioner
U.S. Vice Consul wherein she stated that she offered as evidence the official statistics
had taken her oath as MTRCB Chairperson with from 1965 to 1975 from the PSA. The
the intent, among others, of relinquishing her statistical probability that any child born in
American citizenship. Petitioner also stated that the Philippines in that decade is natural-born
Filipino was 99.83%. The census statistics
she had resided outside of the U.S., specifically
from Iloilo show that 99.62% of the
in the Philippines, from 3 September 1968 to 29 population were Filipinos.
July 1991 and from May 2005 to present.  Other circumstantial evidence of the
On 9 December 2011, the U.S. Vice Consul nationality of petitioner's parents are the fact
issued to petitioner a "Certificate of Loss of that she was abandoned as an infant in a
Roman Catholic Church in Iloilo City. She
Nationality of the United States" effective 21
also has typical Filipino features: height, flat
October 2010.
nasal bridge, straight black hair, almond
On 2 October 2012, the petitioner filed with the shaped eyes and an oval face
COMELEC her COC for Senator for the 2013  All of the foregoing evidence, that a person
Elections wherein she answered "6 years and 6 with typical Filipino features is abandoned
months" to the question "Period of residence in in Catholic Church in a municipality where
the population of the Philippines is
the Philippines before May 13, 2013." She
overwhelmingly Filipinos such that there
garnered the highest number of votes. would be more than a 99% chance that a
On 15 October 2015, petitioner filed her COC child born in the province would be a
for the Presidency for the May 2016 Elections. Filipino, would indicate more than ample
probability if not statistical certainty, that
In her COC, the petitioner declared that she is a
petitioner's parents are Filipinos.
natural-born citizen and that her residence in the
Philippines up to the day before 9 May 2016 Legislation
would be 10 years and 11 months counted from
24 May 2005.  As a matter of law, foundlings are as a class,
natural-born citizens. While the 1935
Her COC was contested by several petitions for Constitution's enumeration is silent as to
false misrepresentation of her residency and of foundlings, there is no restrictive language
being a natural born Filipino. which would definitely exclude foundlings
either. Because of silence and ambiguity in
Issue: the enumeration with respect to foundlings,
WON Petitioner is a natural born Filipino citizen there is a need to examine the intent of the
– YES framers.
 The Deliberation of the 1934 Constitutional
Ratio: Convention show that the framers intended
foundlings to be covered by the
Circumstantial Evidence enumeration.
o Summary of deliberations as
 The factual issue is not who the parents of
provided by Delegate Arugo:
petitioner are, as their identities are
During the debates on this
unknown, but whether such parents are
provision, Delegate Rafols
Filipinos. Under the Rules of Court,
presented an amendment to include
evidence on collateral matters shall not be
as Filipino citizens the illegitimate
allowed, except when it tends in any
children with a foreign father of a
reasonable degree to establish the
mother who was a citizen of the
Philippines, and also foundlings; but Court as part of the generally accepted
this amendment was defeated principles of international law and binding
primarily because the Convention on the State. Article 15 thereof states:
believed that the cases, being too 1. Everyone has the right to a nationality.
few to warrant the inclusion of a
provision in the Constitution to 2. No one shall be arbitrarily deprived of
apply to them, should be governed his nationality nor denied the right to change his
by statutory legislation. Moreover, it nationality.
was believed that the rules of
international law were already clear  The Philippines has also ratified the UN
to the effect that illegitimate Convention on the Rights of the Child
children followed the citizenship of (UNCRC). Article 7 thereof imposes the
the mother, and that foundlings following obligations on our country:
followed the nationality of the place 1. The child shall be registered immediately
where they were found, thereby after birth and shall have the right from birth to a
making unnecessary the inclusion in name, the right to acquire a nationality and as far
the Constitution of the proposed as possible, the right to know and be cared for
amendment. by his or her parents.
 The record of the 1935, 1973, and 1987
Constitutions contain no intent or language 2. States Parties shall ensure the implementation
permitting discrimination against of these rights in accordance with their national
foundlings. On the contrary, all three law and their obligations under the relevant
Constitutions guarantee the basic right to international instruments in this field, in
equal protection of the laws. All of them particular where the child would otherwise be
exhort the State to render social justice. stateless.

 R.A. No. 8043 entitled "An Act Establishing  In 1986, the country also ratified the 1966
the Rules to Govern the Inter-Country International Covenant on Civil and Political
Adoption of Filipino Children and For Other Rights (ICCPR). Article 24 thereof provide
Purposes" (otherwise known as the "Inter- for the right of every child "to acquire a
Country Adoption Act of 1995"), R.A. No. nationality:"
8552, entitled "An Act Establishing the  The common thread of the UDHR, UNCRC
Rules and Policies on the Adoption of and ICCPR is to obligate the Philippines to
Filipino Children and For Other Purposes" grant nationality from birth and ensure that
(otherwise known as the Domestic Adoption no child is stateless. This grant of nationality
Act of 1998) and the Court's A.M. No. 02-6- must be at the time of birth, and it cannot be
02-SC or the "Rule on Adoption," all accomplished by the application of our
expressly refer to "Filipino children" and present naturalization laws, Commonwealth
include foundlings as among Filipino Act No. 473, as amended, and R.A. No.
children who may be adopted. 9139, both of which require the applicant to
be at least eighteen years old.

International Law
WON petitioner’s repatriation in July 2006
 Foundlings are likewise citizens under under the provisions of R.A. 9225 resulted in the
international law. Under the 1987 reacquisition of natural-born citizenship – YES.
Constitution, an international law can
become part of the sphere of domestic law  Argument of COMELEC: Petitioner's
either by transformation or incorporation. repatriation in July 2006 under the
 Universal Declaration of Human Rights provisions of R.A. No. 9225 did not result in
("UDHR") has been interpreted by this the reacquisition of natural-born citizenship.
It reasoned that since the applicant must  The evidence of petitioner is overwhelming
perform an act, what is reacquired is not and taken together leads to no other
"natural-born" citizenship but only plain conclusion that she decided to permanently
"Philippine citizenship." abandon her U.S. residence and permanently
 The COMELEC's rule arrogantly disregards relocate to the Philippines and actually re-
consistent jurisprudence on the matter of established her residence here on 24 May
repatriation statutes in general and of R.A. 2005. Indeed, coupled with her eventual
No. 9225 in particular. application to reacquire Philippine
o Bengson III v. HRET: Moreover, citizenship and her family's actual
repatriation results in the recovery continuous stay in the Philippines over the
of the original nationality… If he years, it is clear that when petitioner
was originally a natural-born citizen returned on 24 May 2005 it was for good.
before he lost his Philippine  COMELEC ruled that petitioner's claim of
citizenship, he will be restored to his residence of 10 years and 11 months by 9
former status as a natural-born May 2016 in her 2015 COC was false
Filipino. because she put 6 years and 6 months as
"period of residence before May 13, 2013"
in her 2012 COC for Senator (so if we
follow her 2013 COC, she would have been
WON petitioner has satisfied the residency a resident for only 9 years in 2016).
requirement – YES.  As explained by petitioner in her verified
pleadings, she misunderstood the date
 When petitioner immigrated to the U.S. in required in the 2013 COC as the period of
1991, she lost her original domicile, which residence as of the day she submitted that
is the Philippines. There are three requisites COC in 2012. She said that she reckoned
to acquire a new domicile: (1) Residence or residency from April-May 2006 which was
bodily presence in a new locality; (2) An the period when the U.S. house was sold and
intention to remain there; and (3) an her husband returned to the Philippines. In
intention to abandon the old domicile. that regard, she was advised by her lawyers
 To successfully effect a change of domicile, in 2015 that residence could be counted
one must demonstrate an actual removal or from 25 May 2005.
an actual change of domicile; a bona fide  This explanation is bolstered by the change
intention of abandoning the former place of which the COMELEC itself introduced in
residence and establishing a new one and the 2015 COC which is now "period of
definite acts which correspond with the residence in the Philippines up to the day
purpose. In other words, there must basically before May 09, 2016." The COMELEC
be animus manendi coupled with animus would not have revised the query if it did
non revertendi. The purpose to remain in or not acknowledge that the first version was
at the domicile of choice must be for an vague.
indefinite period of time; the change of  That petitioner could have reckoned
residence must be voluntary; and the residence from a date earlier than the sale of
residence at the place chosen for the new her U.S. house and the return of her husband
domicile must be actual. is plausible given the evidence that she had
 Petitioner presented voluminous evidence returned a year before. Such evidence, to
showing that she and her family abandoned repeat, would include her passport and the
their U.S. domicile and relocated to the school records of her children.
Philippines for good (i.e sold house in US,
moved to PH, enrolled children in schools in
PH, registered as a voter) Rodriguez v. COMELEC; July 24, 1996;
Francisco, J.
Facts: governor. This time, Marquez challenged
Rodriguez' candidacy via petition for
Petitioner Eduardo T. Rodriguez and private
disqualification before the COMELEC, based
respondent Bienvenido O. Marquez, Jr.
principally on the same allegation that
(Rodriguez and Marquez, for brevity) were
Rodriguez is a "fugitive from justice." This
protagonists for the gubernatorial (candidates for
petition for disqualification (SPA No. 95-089)
governor of Quezon Province) post of Quezon
was filed by Marquez on April 11, 1995 when
Province in the May 1992 elections. Rodriguez
Rodriguez' petition for certiorari (112889) from
won and was proclaimed duly-elected governor.
where the April 18, 1995 MARQUEZ Decision
Marquez challenged Rodriguez victory via sprung was still then pending before the Court.
petition for quo warranto before the COMELEC
COMELEC, allegedly having kept in mind the
(EPC No. 92-28). Marquez revealed that
MARQUEZ Decision definition of "fugitive
Rodriguez left the United States where a charge,
from justice", found Rodriguez to be one. Such
filed on November 12, 1985, is pending against
finding was essentially based on Marquez'
the latter before the Los Angeles Municipal
documentary evidence consisting of
Court for fraudulent insurance claims, grand
theft and attempted grand theft of personal 1. an authenticated copy of the
property. Rodriguez is therefore a "fugitive from November 12, 1995 warrant of arrest
justice" which is a ground for his issued by the Los Angeles Municipal
disqualification/ineligibility under Section 40(e) Court against Rodriguez, and
of the Local Government Code (R.A. 7160), so
2. an authenticated copy of the felony
argued Marquez.
complaint
COMELEC dismissed Marquez quo warranto.
At any rate, Rodriguez again emerged as the
Marquez challenged the COMELEC dismissal
victorious candidate in the May 8, 1995 election
of EPC No. 92-28 before this Court via petition
for the position of governor.
for certiorari, docketed as G.R. No. 112889. The
crux of said petition is whether Rodriguez is a On May 10 and 11, 1995, Marquez filed urgent
"fugitive from justice" as contemplated by motions to suspend Rodriguez' proclamation
Section 40(e) of the Local Government Code which the COMELEC granted on May 11, 1995.
based on the alleged pendency of a criminal The Provincial Board of Canvassers nonetheless
charge against him. MARQUEZ Decision, proclaimed Rodriguez on May 12, 1995.
declared that: x x x, fugitive from justice
includes not only those who flee after conviction The COMELEC Consolidated Resolution
to avoid punishment but likewise those who, suspending Rodriguez' proclamation thus gave
after being charged, flee to avoid prosecution. rise to the filing of the instant petition for
This definition truly finds support from certiorari
jurisprudence (x x x), and it may be so conceded
as expressing the general and ordinary
connotation of the term." But Whether or not Issue:
Rodriguez is a "fugitive from justice" under the
WON Rodriguez is a fugitive of justice – NO
definition thus given was not passed upon by the
Court, thus remanded to COMELEC to resolve Ratio:
such. Court however denied a reconsideration of
the MARQUEZ Decision.  A fugitive from justice includes not only
those who flee after conviction to avoid
May 8, 1995 election, Rodriguez and Marquez punishment but likewise those who, after
renewed their rivalry for the same position of being charged, flee to avoid prosecution.
 The definition indicates that the intent to to depart therefrom at the precise time that
evade is the compelling factor that animates he did and to return to the Philippines.
one’s flight from a particular jurisdiction.  Clearly, a person who is aware of the
And obviously, there can only be an intent imminent filing of charges against him or of
to evade prosecution or punishment when the same already filed in connection with
there is knowledge by the fleeing subject of acts he committed in the jurisdiction of a
an already instituted indictment, or of a particular state, is under an obligation not to
promulgated judgment of conviction. flee said place of commission.
 Rodriguez’ case just cannot fit in this  However, as in petitioner’s case, his
concept. There is no dispute that his arrival departure from the United States may not
in the Philippines from the US on June 25, place him under a similar obligation. His
1985, as per certifications issued by the subsequent knowledge while in the
Bureau of Immigrations dated April 27 and Philippines and non-submission to the
June 26 of 1995, preceded the filing of the jurisdiction of the former country does not
felony complaint in the Los Angeles Court operate to label petitioner automatically a
on November 12, 1985 and of the issuance fugitive from justice. As he was a public
on even date of the arrest warrant by that officer appointed and elected immediately
same foreign court, by almost five (5) after his return to the country, petitioner
months. Rodriguez had every reason to devote
 It was clearly impossible for Rodriguez to utmost priority to the service of his office.
have known about such felony complaint He could not have gone back to the United
and arrest warrant at the time he left the US, States in the middle of his term nor could he
as there was in fact no complaint and arrest have traveled intermittently thereto without
warrant – much less conviction – to speak of jeopardizing the interest of the public he
yet at such time. serves. To require that of petitioner would
 What prosecution or punishment then was be to put him in a paradoxical quandary
Rodriguez deliberately running away from where he is compelled to violate the very
with his departure from the US? The very functions of his office.
essence of being a “fugitive from justice”
under the MARQUEZ Decision definition,
is just nowhere to be found in the Lecaroz v. Sandiganbayan; March 25, 1999;
circumstances of Rodriguez. Bellosilio, J.
 Petitioner was shown to have gone back to Facts: Petitioner Francisco M. Lecaroz was the
the country to fight against Marcos’ Municipal Mayor of Santa Cruz, Marinduque,
dictatorship and to serve as a governor.
while his son, his co-petitioner Lenlie Lecaroz,
o When, in good faith, a person leaves
was the outgoing chairman of the Kabataang
the territory of a state not his own,
homeward bound, and learns Barangay (KB) of Barangay Bagong Silang,
subsequently of charges filed Municipality of Santa Cruz, and concurrently a
against him while in the relative member of its Sangguniang Bayan (SB)
peace and service of his own representing the Federation of Kabataang
country, the fact that he does not Barangays.
subject himself to the jurisdiction of
the former state does not qualify In the 1985 election for the Kabataang Barangay
him outright as a fugitive from Jowil Red won as KB Chairman of Barangay
justice. Matalaba, Santa Cruz. Parenthetically, Lenlie
Lecaroz did not run as candidate in this electoral
exercise as he was no longer qualified for the
 In the absence of intent to evade the laws of position after having already passed the age limit
the United States, petitioner had every right fixed by law
Red was appointed by then President Ferdinand Administration a confirmation of his
Marcos as member of the Sangguniang Bayan of appointment as KB Sectoral Representative to
Santa Cruz representing the KBs of the the Sanggunian Bayan of Santa Cruz.
municipality. Imee Marcos-Manotoc, then the
Red filed with the Office of the Ombudsman
National Chairperson of the organization, sent a
several criminal complaints against Mayor
telegram to Red confirming his appointment and
Francisco Lecaroz and Lenlie Lecaroz arising
advising him further that copies of his
from the refusal of the two officials to let him
appointment papers would be sent to him in due
assume the position of KB sectoral
time through the KB Regional Office. Red
representative. After preliminary investigation,
received the telegram on 2 January 1986 and
the Ombudsman filed with the Sandiganbayan
showed it immediately to Mayor Francisco M.
thirteen (13) Informations for estafa through
Lecaroz.
falsification of public documents against
Armed with the telegram and intent on assuming petitioners, and one (1) Information for violation
the position of sectoral representative of the KBs of Sec. 3, par. (e), of RA No. 3019, the Anti-
to the SB, Red attended the meeting of the Graft and Corrupt Practices Act, against Mayor
Sanggunian upon the invitation of one of its Lecaroz alone.
members, Kagawad Rogato Lumawig. In that
The Sandiganbayan found the 2 accused guilty
meeting, Mayor Francisco M. Lecaroz informed
on all counts of estafa, however, with respect to
Red that he could not yet sit as member of the
the violation of Sec. 3(e), of RA 3019, SB
municipal council until his appointment had
acquitted Francisco. It found that Red was
been cleared by the Governor of Marinduque.
neither authorized to sit as member of the SBay
Red finally received his appointment papers because he was not properly appointed thereto
sometime in January 1986. But it was only on 23 nor had he shown to the mayor sufficient basis
April 1986, when then President Corazon C. for his alleged right to a seat in the municipal
Aquino was already in power, that he forwarded council. Thus, Francisco was legally justified in
these documents to Mayor Lecaroz. This not allowing Red to assume the position of
notwithstanding, Red was still not allowed by Kagawad.
the mayor to sit as sectoral representative in the
Sanggunian. Issue:
WON Mayor Lecaroz erred in not allowing Red
Meanwhile, Mayor Lecaroz prepared and
to assume his position – NO
approved on different dates the payment to
Lenlie Lecaroz of twenty-six (26) sets of Ratio:
payrolls for the twenty-six (26) quincenas
covering the period 16 January 1986 to 30  The basic propositions upon which the
January 1987. Lenlie Lecaroz signed the payroll Sandiganbayan premised its conviction of
for 1-15 January 1986 and then authorized the accused are: (a) although Red was duly
someone else to sign all the other payrolls for elected KB Chairman he could not validly
assume a seat in the Sanggunian as KB
the succeeding quincenas and claim the
sectoral representative for failure to show a
corresponding salaries in his behalf. valid appointment; and, (b) Lenlie who was
the incumbent KB representative could not
hold over after his term expired because
On 25 October 1989, or three (3) years and nine pertinent laws do not provide for holdover.
(9) months from the date he received his  Petitioner argument: Red failed to qualify as
appointment papers from President Marcos, Red KB sectoral representative since he did not
was finally able to secure from the Aquino present an authenticated copy of his
appointment papers; neither did he take a satisfied the prerequisite of oath that his
valid oath of office. Resultantly, this enabled right to enter into the position becomes
Lenlie to continue as member of the SB plenary and complete. Until then, he has
although in a holdover capacity since his none at all. And for as long as he has not
term had already expired. qualified, the holdover officer is the rightful
 The concept of holdover when applied to a occupant.
public officer implies that the office has a  Thus, since Red never qualified for the post,
fixed term and the incumbent is holding Lenlie remained KB representative, albeit in
onto the succeeding term. It is usually a holdover capacity, and was in every aspect
provided by law that officers elected or a de jure officer, or at least a de facto officer
appointed for a fixed term shall remain in entitled to receive the salaries and all the
office not only for that term but until their emoluments appertaining to the position. As
successors have been elected and qualified such, he could not be considered an intruder
 The law abhors a vacuum in public offices, and liable for encroachment of public office.
and courts generally indulge in the strong
presumption against a legislative intent to WON Petitioners should be held liable for estafa
create, by statute, a condition which may – NO
result in an executive or administrative
office becoming, for any period of time,  When Red showed up at the Sanggunuan
wholly vacant or unoccupied by one meeting, what he presented to Mayor
lawfully authorized to exercise its functions. Francisco was a mere telegram sent by Imee
This is founded on obvious considerations of informing him of his supposed appointment,
public policy, for the principle of holdover is together with a photocopy of a "Mass
specifically intended to prevent public Appointment." Without authenticated copies
convenience from suffering because of a of the appointment papers, Red had no right
vacancy and to avoid a hiatus in the to assume office, and Francisco had every
performance of government functions. right to withhold recognition.
 Sandiganbayan: by taking his oath of office  Although Red received his appointment
before Reyes in 1985, Red validly assumed papers signed by Pres. Marcos in January
the KB presidency upon the expiration of 1986, he forwarded the same to Mayor
the term of Lenlie. Francisco only on 23 April 1986 during
 However, under the provisions of the which time Marcos had already been
Administrative Code then in force, deposed and Aquino had already taken over.
specifically Sec. 21, Art. VI, members of the On 25 March 1986 the Freedom
then Batasang Pambansa were not Constitution came into being providing in
authorized to administer oaths. It was only Sec. 2 of Art. III thereof that –
after the approval of RA No. 6733 on 25 o Sec. 2. All elective and
July 1989 and its subsequent publication in a appointive officials and
newspaper of general circulation that employees under the 1973
members of both Houses of Congress were Constitution shall continue in
vested for the first time with the general office until otherwise provided
authority to administer oaths. Clearly, the by proclamation or executive
oath taken by Red before a member of the order or upon the designation of
Batasang Pambansa who had no authority to their successors if such
administer oaths, was invalid and amounted appointment is made within a
to no oath at all. period of one (1) year from
 To be sure, an oath of office is a qualifying February 26, 1986.
requirement for a public office; a  Duty bound to observe the constitutional
prerequisite to the full investiture with the mandate, Francisco through the provincial
office. Only when the public officer has governor forwarded the papers of Red to
then Minister of Interior and Local
Government Pimentel, Jr., requesting advice  For the offense to be established, the
on the validity of the appointment signed by following elements must concur: (a) the
Marcos. offender makes in a document
 In ascribing malice and bad faith, SB cited 2 statements in a narration of facts; (b) the
circumstances which purportedly indicated offender has a legal obligation to
criminal intent. It pointed out that Lenlie disclose the truth of the facts narrated;
was not in the municipal payroll for the first (c) the facts narrated by the offender are
quincena of 1986 which meant that his term absolutely false; and, (d) the perversion
had finally ended, and that the reinstatement of truth in the narration of facts was
of Lenlie by Francisco in the payroll periods made with the wrongful intent of
from 15 January 1986 and thereafter for the injuring a third person.
next 12 -1/2 months was for no other  The 1st and 3rd elements of the offense
purpose than to enable him to draw salaries have not been established in this case. In
from the municipality. approving the payment of salaries to
 There is however no evidence, documentary Lenlie, Francisco signed uniformly-
or otherwise, that Francisco himself caused worded certifications thus –
the name of Lenlie to be dropped from the o I hereby certify on my official
payroll for the first quincena of January oath that the above payroll is
1986. On the contrary, it is significant that correct, and that the services
while Lenlie’s name did not appear in the above stated have been duly
payroll for the first quincena, yet, in the rendered. Payment for such
payroll for the next quincena Lenlie was services is also hereby approved
paid for both the first and second quincenas, from the appropriations
and not merely for the second half of the indicated.
month which would have been the case if he  When Francisco certified to the
was actually "dropped" from the payroll for correctness of the payroll, he was
the first 15 days and then "reinstated" in the making not a narration of facts but a
succeeding payroll period, as held by the conclusion of law expressing his belief
court a quo. that Lenlie was legally holding over as
 From all indications, it is possible that the member of the Sanggunian and thus
omission was due to the inadequate entitled to the emoluments attached to
documentation of Red's appointment to and the position. This is an opinion
assumption of office, or the result of a mere undoubtedly involving a legal matter,
clerical error which was later rectified in the and any "misrepresentation" of this kind
succeeding payroll. This however cannot be cannot constitute the crime of false
confirmed by the evidence at hand. But pretenses.
since a doubt is now created about the  These are not legally acceptable indicia,
import of such omission, the principle of for they are the very same acts alleged
equipoise should properly apply. This rule in the Informations as constituting the
demands that all reasonable doubt intended crime of estafa through falsification.
to demonstrate error and not a crime should They cannot qualify as proof of
be resolved in favor of the accused. If the complicity or unity of criminal intent.
inculpatory facts and circumstances are Conspiracy must be established
capable of two or more explanations, one of separately from the crime itself and
which is consistent with the innocence of the must meet the same degree of proof, i.e.,
accused and the other with his guilt, then the proof beyond reasonable doubt. While
evidence does not fulfill the test of moral conspiracy need not be established by
certainty and is not sufficient to support a direct evidence, for it may be inferred
conviction from the conduct of the accused before,
during and after the commission of the
crime, all taken together however, the Accordingly, on October 23, 1997, NHA
evidence must reasonably be strong Resident Auditor Salvador J. Vasquez issued
enough to show community of criminal Notice of Disallowance, disallowing in audit the
design. payment of representation allowances and per
 Perhaps subliminally aware of the diems of "Cabinet members who were the ex-
paucity of evidence to support it, and if officio members of the NHA Board of Directors
only to buttress its finding of and/or their respective alternates who actually
conspiracy, the Sandiganbayan stressed
received the payments." The total disallowed
that the two accused are father and son.
Granting that this is not even ad amount of P276,600 paid as representation
hominem, we are unaware of any allowances and per diems to each of the
presumption in law that a conspiracy petitioners.
exists simply because the conspirators
Petitioners, through then Chairman Dionisio C.
are father and son or related by blood.
Dela Serna of the NHA Board of Directors,
DISQUALIFICATIONS appealed from the Notice of Disallowance to the
COA, on ground that 1. constitutional ban
Dela Cruz v COA; November 29, 2001; against dual or multiple positions applies only to
Sandoval-Gutierrez, J. the members of the Cabinet, their deputies or
assistants. It does not cover other appointive
Facts:
officials with equivalent rank or those lower
Petitioners, numbering 20, were members of the than the position of Assistant Secretary; and 2.
Board of Directors of the National Housing The NHA Directors are not Secretaries,
Authority (NHA) from 1991 to 1996. Undersecretaries or Assistant Secretaries and
that they occupy positions lower than the
On September 19, 1997, the COA issued position of Assistant Secretary. COA denied
Memorandum No. 97-038 directing all unit appeal.
heads of the government agencies and GOCCs
which have effected payment of any form of Issue:
additional compensation or remuneration to
WON Notice of disallowance should apply to
cabinet secretaries, their deputies and assistants,
petitioners Board of Directors - Yes
or their representatives, in violation of the rule
on multiple positions, to (a) immediately cause  Presidential Decree No. 757 is the law
the disallowance of such additional "Creating the National Housing Authority
compensation or remuneration given to and and dissolving the existing housing agencies,
received by the concerned officials, and (b) defining its powers and functions, providing
effect the refund of the same from the time of funds therefor, and for other purposes."
the finality of the Supreme Court in the o SEC. 7. Board of Directors. - The
consolidated cases of Civil Liberties Union vs. Authority shall be governed by a
Board of Directors, hereinafter
Exexcutive Secretary and Anti-Graft League of
referred to as the Board, which shall
the Philippines, Inc. et al. vs. Secretary of
be composed of the Secretary of
Agrarian Reform, et al., promulgated on Public Works, Transportation and
February 22, 1991., which declared EO 284 Communication, the Director-
unconstitutional insofar as it allows Cabinet General of the National Economic
members, their deputies and assistants to hold and Development Authority, the
other offices, in addition to their primary offices, Secretary of Finance, the Secretary
and to receive compensation therefor. of Labor, the Secretary of Industry,
the Executive Secretary and the
General Manager of the
Authority. From among the has no right to receive additional
members, the President will appoint compensation for his services in the said
a chairman. The members of the position. The reason is that these services
Board may have their respective are already paid for and covered by the
alternates who shall be the officials compensation attached to his principal
next in rank to them and whose acts office.
shall be considered the acts of their  Since the Executive Department Secretaries,
principals with the right to receive as ex-oficio members of the NHA Board, are
their benefit: Provided, that in the prohibited from receiving extra (additional)
absence of the Chairman, the Board compensation, whether it be in the form of a
shall elect a temporary presiding per diem or an honorarium or an allowance,
officer. or some other such euphemism," it follows
 Under the above provisions, the persons that petitioners who sit as their alternates
mandated by law to sit as members of the cannot likewise be entitled to receive such
NHA Board are the following: (1) the compensation. A contrary rule would give
Secretary of Public Works, Transportation petitioners a better right than their principal.
and Communications, (2) the Director- Abeto v. Garceza; December 29, 1995;
General of the National Economic and Davide, J.
Development Authority, (3) the Secretary of
Finance, (4) the Secretary of Labor, (5) the Facts:
Secretary of Industry, (6) the Executive
Abeto charges Garceza with having
Secretary, and (7) the General Manager of the
NHA. While petitioners are not among those misrepresented himself as a full-fledged lawyer
officers, however, they are alternates of the and having acted as one of the authorized
said officers, whose acts shall be considered representatives of the complainant and his co-
the acts of their principals. complainants in labor cases filed the NLRC
 To reiterate, the prohibition under Section despite the fact that he is a court employee.
13, Article VII is not to be interpreted as (stenographic reporter)
covering positions held without additional
compensation in ex-officio capacities as Respondent admits having assisted the
provided by law and as required by the complainants in the aforementioned labor cases;
primary functions of the concerned officials denies having misrepresented himself as a
office. lawyer. According to him, when he first met
 The term ex-officio means from office; by complainant Abeto in December 1986, he
virtue of office. It refers to an authority frankly informed the latter that he is only a court
derived from official character merely, not employee and that he is only assisting or helping
expressly conferred upon the individual Mr. Arturo Ronquillo, for at that time no lawyer
character, but rather annexed to the official dared to assist the complainants in filing their
position. cases. This Arturo Ronquillo is the Vice
 Ex-officio likewise denotes an act done in President of the Workers Amalgamated Union
an official character, or as a consequence of of the Philippines (WAUP) whose assistance
office, and without any other appointment or
was sought by complainant Abeto and the other
authority than that conferred by the office.
complainants in the labor cases for the filing and
An ex-officio member of a board is one who
is a member by virtue of his title to a certain prosecution of their cases. The respondent
office, and without further warrant or further alleges that the instant complaint arose
appointment. out of ill-feeling and is designed to malign and
 The ex-officio position being actually and in destroy his name and reputation as a court
legal contemplation part of the principal employee.
office, it follows that the official concerned
Deputy Court Administrator submitted a Ratio:
memorandum recommending that the complaint
against the respondent for misrepresentation be  Garcesa admitted having given or extended
dismissed, but that he be advised to heed the "casual assistance" to Mr. Arturo Ronquillo
Civil Service Rules and this Court's in the filing and prosecution of the said
memorandum circular prohibiting government cases. His justification therefor was to help
employees from engaging in any private the poor and downtrodden workers of
BISCOM Central — will not absolve him
business, vocation, or profession without
from administrative liability for the violation
permission from this Court. of Section 12, Rule XVIII of the Revised
Deputy Court Administrator submitted a Civil Service Rules and in Administrative
Memorandum, duly approved by the Court Circular No. 5
Administrator, wherein she made the following  He could not, however, be liable for
findings and conclusion: unauthorized practice of law, since there is
It is worth mentioning here Sec. 12, no convincing evidence that he
Rule XVIII of the Revised Civil Service misrepresented himself as a lawyer.
Rules which provides that:  Moreover, his appearance was in his
Sec. 12. No officer or employee shall capacity as one of the representatives of the
engage directly in any private business, complainants in the labor cases and not as a
vocation, or profession or be connected lawyer. Under Section 6, Rule IV of the
with any commercial, credit, agricultural Revised Rules of Procedure of the NLRC in
or industrial undertaking without a force at that time, a non-lawyer may appear
written permission from the head of before the NLRC or any Labor Arbiter if he
Department: Provided, That this represents himself as a party to the case,
prohibition will be absolute in the case represents an organization or its members,
of those officers and employees whose or is a duly accredited member of a free
duties and responsibilities require that legal aid staff of the Department of Labor
their entire time be at the disposal of the and Employment or of any other legal aid
Government office accredited by the Department of
Moreover in Administrative Circular No. 5 dated Justice or the Integrated Bar of the
4 October 1988 the Court expressed the view Philippines.
that: The entire time of Judiciary officials and  Neither could he be liable under
employees must be devoted to government Memorandum Circular No. 17 dated 4
service to insure efficient and speedy September 1986 of the Office of the
administration of justice considering the express President declaring that the authority to
prohibition in the Rules of Court and the nature grant permission to any official or employee
of their work which requires them to serve with to engage in outside activities shall be
the highest degree of efficiency and granted by the head of the ministry
responsibility, in order to maintain public (department) or agency in accordance with
confidence in the Judiciary. Section 12, Rule XVIII of the Revised Civil
Service Rules. Said Memorandum Circular
These circumstances obtaining, we believe that No. 17 was declared by this Court
the stenographer Garcesa merits at the very least inapplicable to officials or employees of the
a reprimand for engaging in a limited law courts
practice.

Issue: Rabe v. Flores; May 14, 1997; Per Curiam


Facts:
WON Garcesa should be reprimanded – YES
Administrative complaint for "Conduct Identification of Relatives in the
Unbecoming a Government Employee, Acts Government Service for the years 1991,
Prejudicial to the Interest of the Service and 1992, 1993, and 1994;
Abuse of Authority" dated August 18, 1995,
Complainant Narita Rabe, by counsel, charged
Respondent Delsa M. Flores, Interpreter III at c) why she has not divested herself of
the RTC her interest in said business within sixty
(60) days from her assumption into
Flores took advantage of her position as a court
office; and
employee by claiming a stall at the extension of
the Public Market when she is not a member of
our client's association and was never a party to
Civil Case No. 89-23. She herself knows that the d) why she has indicated in her Daily
stalls in the said area had already been awarded Time Records for August 1995 that she
to our client's members pursuant to the decision worked on August 15-18, 21, 23-25 and
of the court on October 30, 1991. Worse, she 28-31 and for September, 1995 that she
took the law into her hands when she destroyed worked for all its twenty one (21)
the stall of our client and brought the materials working days when her Contract of
to the police station of Panabo, Davao. Lease with the Municipal Government
of Panabo for the market stall in its
After respondent filed her answer, the Court Section 7 clearly states that she has to
issued a Resolution, absolving her of the charge. personally conduct her business and be
In the same resolution, however, the Court present at the stall otherwise the same
required respondent to explain why she should would be canceled as per its Section
not be administratively dealt with for the 13."
following:
Respondent explained that: As stated in the
" a) why she obtained a certification certification of Atty. Ginete, she assumed her
dated June 18, 1991 issued by Atty. job in the RTC on May 16, 1991, in compliance
Victor R. Ginete, Clerk of Court, same with the directive from this Court for her to start
court, that she started performing her working on the said date.
duties as an interpreter on May 16, 1991
when: (1) according to a certification She admits that she had received from the
dated June 17, 1991 issued by Mr. Jose municipality a salary for the said period,
B. Avenido, Municipal Treasurer, notwithstanding her transfer to the judiciary on
Panabo Davao, she was employed in the May 16, 1991. However, she justifies this by
office of the Municipal Assessor as saying that:
Assessment Clerk I since February 1, “It was my desire all the time to refund the
1990 to June 3, 1991 with her last salary amount the moment my salary is received from
being paid by said office on June 3, the Supreme Court, unfortunately more often
1991; and (2) she took her oath of office than not (the salary) is received three or four
before Judge Mariano C. Tupas only on months after assumption of office. xxx As we all
June 17, 1991; know the month of May and June is the time we
b) why she did not report said business enroll our children in school thus the money I
interest in her sworn statement of got that month from the Local Government Unit
Assets, Liabilities and Net Worth, came handy in defraying registration expenses
Disclosure of Business Interests and of my four children. The passage of time
Financial Connections, and coupled with some intervening events, made me
oblivious of my obligation to refund the money. than five years later. Respondent's conduct
However, when my attention was called on the is plain dishonesty.
day I received the copy of the resolution, I took  The Court sympathizes with respondent's
no time in refunding the same. sad plight of being the sole breadwinner of
her family, with her husband and parents to
Respondent alleges that the certification of the feed and children to send to school. This,
Municipal Treasurer is inaccurate because it was however, is not an acceptable excuse for her
on January 25, 1990 that she was appointed as misconduct. If poverty and pressing
Assessment Clerk I. She took her oath on June financial need could justify stealing, the
17, 1991, simply because it was on that date that government would have been bankrupt long
she received a copy of her oath form. ago. A public servant should never expect to
become wealthy in government.
Respondent avers that she did not divulge any  If respondent was just driven by dire
business interest in her Sworn Statement of pecuniary need, respondent should have
Assets and Liabilities and Financial Disclosure returned the salary she had obtained from
for the years 1991-1994 because she "was never the Municipal Government of Panabo as
engaged in business during said period although soon as she obtained her salary from the
I had a stall in the market." court. However, she returned the money
only after receipt of the Court's Resolution
Respondent further avers that her Daily Time dated January 17, 1996, saying that she
Record indicated that she held office on August forgot all about it. Forgetfulness or failure to
15, 18, 21, 23 to 25 and 28, 31 and all the remember is never a rational or acceptable
working days of September, 1995 "because in explanation.
truth and in fact xxx (she) did hold office on  It is well to stress once again the
those days." This was because her contract of constitutional declaration that a "public
office is a public trust. Public officers and
lease with the Municipal Government of Panabo
employees must at all times be accountable
was never implemented as it became the subject
to the people, serve them with utmost
of a civil case. responsibility, integrity, loyalty and
Office of the Court Administrator: Found Flores efficiency, act with patriotism and justice,
guilty of dishonesty and failure to report her and lead modest lives."
business interest, and recommended that the  Under the Administrative Code of 1987 and
other pertinent Civil Service Laws, the
penalty of dismissal be imposed on her
penalty for dishonesty is dismissal, even for
Issue: the first offense.
 Aside from dishonesty, respondent is also
WON Flores should be held guilty for guilty of failure to perform her legal
misconduct – Yes obligation to disclose her business interests.
Respondent herself admitted that she "had a
Ratio: stall in the market." The OCA also found
 By her own admission, respondent had that she had been receiving rental payments
collected her salary from the Municipality of from one Rodolfo Luay for the use of the
Panabo for the period of May 16-31, 1991, market stall. That respondent had a stall in
when she was already working at the RTC. the market was undoubtedly a business
She knew that she was no longer entitled to interest which should have been reported in
a salary from the municipal government, but her Sworn Statement of Assets and
she took it just the same. She returned the Liabilities. Her failure to do so exposes her
amount only upon receipt of the Court to administrative sanction.
Resolution dated January 17, 1996, or more  Section 8 of Republic Act No. 6713
provides that it is the "obligation" of an
employee to submit a sworn statement, as executive departments, their undersecretaries,
the "public has a right to know" the and assistant secretaries; it does not cover other
employee's assets, liabilities, net worth and public officials given the rank of Secretary,
financial and business interests. Section 11 Undersecretary, or Assistant Secretary.
of the same law prescribes the criminal and
administrative penalty for violation of any It is Sec. 7, par. 2, Art. IX-B that should be
provision thereof. Paragraph (b) of Section applied in this case. This provision would allow
11 provides that "(b) Any violation hereof a public officer to hold multiple positions if (1)
proven in a proper administrative the law allows the concurrent appointment of the
proceeding shall be sufficient cause for said official; and (2) the primary functions of
removal or dismissal of a public official or either position allows such concurrent
employee, even if no criminal prosecution is appointment.
instituted against him."
 In the present case, the failure of respondent Since there exists a close relation between the
to disclose her business interest which she two positions and there is no incompatibility
herself admitted is inexcusable and is a clear between them, the primary functions of either
violation of Republic Act No. 6713. position would allow respondent Elma’s
 In the present case, it seems a bit far-fetched concurrent appointments to both positions.
to imagine that there is a conflict of interest
because an Interpreter III of the Regional Controversy however became moot as the
Trial Court has a stall in the market. A court, appointees of Erap were replaced with the
generally, is not engaged in the regulation of appointees of GMA
a public market, nor does it concern itself
with the activities thereof. While respondent Issue:
may not be compelled to divest herself of
her business interest, she had the legal WON The position of Chairman of the PCGG
obligation of divulging it. and Chief Presidential Legal Counsel are
incompatible and run contrary to the
prohibitions of the Constitution – YES
Public Interest Center Inc. v. Elma; June 30,
2006; Chico Nazario, J. Ratio:

Facts:  The general ruled contained in Article IX-B


of the 1987 Constitution permits an
Elma was appointed and took his oath of office appointive official to hold more than one
as Chairman of the Presidential Commission on office only if “allowed by law or by the
Good Government (PCGG), and after a year was primary functions of his position.”
subsequently appointed as Chief Presidential  The crucial test in determining whether
Legal Counsel (CPLC). He took his oath of incompatibility exists between two offices:
office as CPLC, but waived any remuneration he Whether one office is subordinate to the
may receive as CPLC. other, in the sense that one office has the
right to interfere with the other.
On the basis of the Civil Liberties Union  Incompatibility between two offices, is an
decision, petitioner seeks to declare as null and inconsistency in the functions of the two;
void the appointments of Elma for contravening Where one office is not subordinate to the
Sec. 13, Art. VII, and Sec. 7 par. 2, Art. IX-B of other, nor the relations of the one to the
the 1987 Constitution. other such as are inconsistent and repugnant,
there is not that incompatibility from which
Respondents allege that the strict prohibition the law declares that the acceptance of the
against holding multiple positions provided one is the vacation of the other. The force of
under Sec. 13, Art. VII applies only to heads of the word is that from the nature and relations
to each other, of the two places, they ought even Sec. 13, Art. VII does not sanction this
not to be held by the same person, from the dual appointment. Appointment to the
contrariety and antagonism which would position of PCGG Chairman is not required
result in the attempt by one person to by the primary functions of the CPLC, and
faithfully and impartially discharge the vice versa.
duties of one, toward the incumbent of the  The primary functions of the PCGG
other. The offices must subordinate, one Chairman involve the recovery of ill-gotten
over the other, and they must, per se, have wealth accumulated by former President
the right to interfere, one with the other, Ferdinand E. Marcos, his family and
before they are incompatible at common associates, the investigation of graft and
law. corruption cases assigned to him by the
 In this case, an incompatibility exists President, and the adoption of measures to
between the positions of the PCGG prevent the occurrence of corruption.
Chairman and the CPLC. The duties of the  On the other hand, the primary functions of
CPLC include giving independent and the CPLC encompass a different matter, that
impartial legal advice on the actions of the is, the review and/or drafting of legal orders
heads of various executive departments and referred to him by the President.
agencies and to review investigations  While Elma did not receive additional
involving heads of executive departments compensation in connection with his
and agencies, as well as other Presidential position as CPLC, he did not act as either
appointees. CPLC or PGCC Chairman in an ex officio
 The PCGG is, without question, an agency capacity. The fact that a separate
under the Executive Department. Thus, the appointment had to be made for respondent
actions of the PCGG Chairman are subject Elma to qualify as CPLC negates the
to the review of the CPLC. premise that he is acting in an ex officio
capacity.
 The strict prohibition under Sec. 13, Art. VII
of the 1987 Constitution is not applicable to Debulgado v. CSC; September 26, 1994;
the PCGG Chairman nor to the CPLC, as Feliciano, J.
neither of them is a secretary,
undersecretary, nor an assistant secretary, Facts:
even if the former may have the same rank
Petitioner Dabulgado was mayor of San Carlos,
as the latter positions.
Negros Occidental when he appointed his wife
 It must be emphasized, however, that despite
the non- applicability of Section 13, Article Victoria Dabulgado as General Services Officer.
VII of the 1987 Constitution to respondent Prior to this appointment, she was already in
Elma, he remains covered by the general City Government service for 32 years as a Clerk,
prohibition under Section 7, Article IX-B then Assistant Chief of licensing and fees, then
and his appointments must still comply with Chief of licensing and fees, then later as a
the standard of compatibility of officers laid cashier. She thus assumed her new office,
down therein; failing which, his discharged her functions, and received salary by
appointments are hereby pronounced in reason of such position.
violation of the Constitution.
 It will not suffice that no additional CSC, upon inquiry of Cong. Carmona, issued a
compensation shall be received by virtue of Resolution invalidating the promotional
the second appointment, it is mandatory that appointment of Victoria Dabulgado on ground
the second post is required by the primary that the promotion violated the prohibition on
functions of the first appointment and is nepotistic appointments. MR denied
exercised in an ex officio capacity. With its
forgoing qualifications, it is evident that
Petitioner and Victoria Dubaldago argue that the chief of the bureau or office, or of
CSC had gravely abused its discretion in the persons exercising immediate
withdrawing and disapproving petitioner supervision over him, are hereby
Victoria’s promotional appointment. prohibited.
o “relative” and members of the
Victoria was deprived of the opportunity to be family referred to are those related
heard and to answer the nepotism charge; within the third degree either of
consanguinity or of affinity.
Mayor denies his appointment was motivated by
personal reasons because Victoria was the most
qualified candidate, having worked for the City  Said provision should be read in connection
Government for 32 years. She was also highly with the Omnibus Implementing Rules.
recommended by the OIC-Treasurer of the City o Rule V, Section 1. All appointments
and that the appointment was concurred in by in the career service shall be made
the Sangguniang Panglungsod. only according to merit and fitness
to be determined as far as
practicable by competitive
examinations.
Mayor also consulted the Field and Regional o As used in these Rules, any action
Officers of the Commission in Bacolod and denoting movement or progress of
raised the question of applicability of the personnel in the civil service shall
prohibition against nepotism to the then be known as personnel action. Such
proposed promotion of his wife in one of the action shall include promotion,
seminars conducted by the CSC Regional transfer, reinstatement,
Office. He was there informed that the reemployment, detail, secondment,
promotional appointment was not covered by the reassignment, demotion and
separation. All original
prohibition.
appointments and personnel actions
Further, Victoria was already serving in the City shall be in accordance with these
Government before her marriage, so the Rules and with other regulations and
prohibition no longer applied to her. standards that may be promulgated
by the Commission.
Issue:  Thus the Implementing Rules provide that
both original appointment and promotion are
WON the prohibition against nepotic particular species of “personnel action.” The
appointments does not apply to promotional original appointment of a civil service
appointments – NO, it applies to both original employee and all subsequent personnel
and promotional appointments actions undertaken by or in respect of that
employee such as promotion, transfer,
Ratio: reinstatement, re-employment, etc., must
comply with the Implementing Rules
 Revised Administrative Code of 1987: Sec.
including, of course, the prohibition against
59.: Nepotism.
nepotism in Rule XVIII.
o (1) All appointments in the national,
provincial, city and municipal  The purpose is to ensure that all
governments or in any branch or appointments and other personnel actions in
instrumentality thereof, including the civil service should be based on merit
government-owned or controlled and fitness and should never depend on how
corporations, made in favor of a close or intimate an appointee is to the
relative of the appointing or appointing power.
recommending authority, or of the  Petitioner argues that the ratio of the
prohibition against nepotism is inapplicable
because Victoria was already in the in Sec. 9, Rule V of the Implementing
government service at the time she was Regulations:
married to the Mayor.
o As to marriage, indeed Section 59
provides that the prohibition is o Sec. 9. An appointment accepted by
inapplicable to the case of a member the appointee cannot be withdrawn
of any family who, “after his or her or revoked by the appointing
appointment to any position in any authority and shall remain in force
office or bureau, contracts marriage and effect until disapproved by the
with someone in the same office or Commission. However, an
bureau, in which event the appointment may be void from the
employment or retention therein of beginning due to fraud on the part of
both husband and wife may be the appointee or because it was
allowed.” The validity of Victoria’s issued in violation of law.
original appointment is undisputed.  Thus the recall by the CSC of the approval
It is her subsequent promotional issued by Director Escobia was lawful, as
appointment that is in issue. the appointment was void from the
 It follows that the promotional appointment beginning. The approval couldn’t cure the
of petitioner Victoria by her husband, intrinsic vice of the appointment. CSC did
petitioner Mayor, falls within the prohibited not commit GAD.
class of appointments: the prohibited
relationship between the appointing
CSC v. Dacoycoy; April 29, 1999; Pardo, J.
authority and the appointee existed at the
time the promotional appointment was Facts:
issued.
A complaint with the CSC against Pedro O.
WON CSC commited GAD in disapproving the Dacoycoy, for habitual drunkenness, misconduct
appointment of Victoria, without giving her an and nepotism. Upon investigation, a prima facie
opportunity to be heard – NO case was found thus a formal charge was issued
against Dacoycoy
 The action was not an imposition of an
administrative disciplinary measure upon Upon formal investigation of the CSC, no
either petitioner. There were no substantial evidence was found to support the
administrative charges that would have allegations of habitual drunkenness and
entitled Victoria to notice and hearing. misconduct, however, the CSC found respondent
 The CSC, in approving or disapproving an Pedro O. Dacoycoy guilty of nepotism on two
appointment, only examines the conformity counts as a result of the appointment of his two
of the appointment with applicable sons, Rito and Ped Dacoycoy, as driver and
provisions of law and whether the appointee utility worker, respectively, and their assignment
possesses all the minimum qualifications
under his immediate supervision and control as
and none of the disqualifications.
the Vocational School Administrator Balicuatro
 Besides, Victoria was afforded an
opportunity to be heard when she filed an College of Arts and Trades, and imposed on him
MR with the CSC and challenged the latter’s the penalty of dismissal from the service. MR
disapproval of her appointment. denied
 CSC was merely implementing Section 59, 65 to CA. CA reversed CSC. Respondent did not
as the promotional appointment was null and
appoint or recommend his two sons Rito and
void as being contra legem. The legal
consequence of an appointment issued Ped, and, hence, was not guilty of nepotism.
disregarding a statutory prohibition is found
Issue: proposed appointment of Rito Dacoycoy and
even rated his performance as very
WON Dacoycoy is guilty of nepotism – Yes satisfactory.
Ratio:  On the other hand, his son Ped stated in his
position description form that his father was
 EO 292, Sec. 59. Nepotism. (1) All his next higher supervisor.
appointments to the national, provincial, city  Unquestionably, Mr. Daclag was a
and municipal governments or in any branch subordinate of respondent Pedro O.
or instrumentality thereof, including Dacoycoy, who was the school
government owned or controlled administrator. He authorized Mr. Daclag to
corporations, made in favor of a relative of recommend the appointment of first level
the appointing or recommending authority, employees under his immediate supervision.
or of the chief of the bureau or office, or of Then Mr. Daclag recommended the
the persons exercising immediate appointment of respondents two sons and
supervision over him, are hereby prohibited. placed them under respondents immediate
o The word relative and members of supervision serving as driver and utility
the family referred to are those worker of the school.
related within the third degree either
of consanguinity or of affinity.
o Under the definition of nepotism, Liban v. Gordon; July 15, 2009; Carpio, J.
one is guilty of nepotism if an Facts:
appointment is issued in favor of a
relative within the third civil degree Petitioners Dante V. Liban, Reynaldo M.
of consanguinity or affinity of any Bernardo, and Salvador M. Viari are officers of
of the following: a) appointing the Board of Directors of the Philippine National
authority; b) recommending Red Cross (PNRC), filled a petition to declare
authority; c) chief of the bureau or Gordon as having forfeited his seat in the
office, and d) person exercising
Senate. They claim that during his incumbency
immediate supervision over the
as a Senator, he was elected as Chairman of the
appointee.
Board of Governors of the PNRC, which
 It is immaterial who the appointing or
recommending authority is. To constitute a according to them is a GOCC
violation of the law, it suffices that an By accepting the chairmanship of the PNRC
appointment is extended or issued in favor Board of Governors, respondent has ceased to be
of a relative within the third civil degree of
a member of the Senate as provided in Section
consanguinity or affinity of the chief of the
bureau or office, or the person exercising 13, Article VI of the Constitution
immediate supervision over the appointee. SEC. 13. No Senator or Member of the
o In fact, it was Mr. Jaime Daclag, House of Representatives may hold any
Head of the Vocational Department
other office or employment in the
of the BCAT, who recommended
Government, or any subdivision,
the appointment of Rito.
o Atty. Victorino B. Tirol II, Director agency, or instrumentality thereof,
III, DECS Regional Office VIII, including government-owned or
Palo, Leyte, appointed Rito controlled corporations or their
Dacoycoy driver of the school. subsidiaries, during his term without
o Mr. Daclag also appointed Ped forfeiting his seat. Neither shall he be
Dacoycoy casual utility worker. appointed to any office which may have
 However, it was respondent Dacoycoy who been created or the emoluments thereof
certified that funds are available for the
increased during the term for which he  President Manuel A. Roxas signed Republic
was elected Act No. 95 otherwise knows as the PNRC
Charter
Petitioners maintain that the present petition is a  PNRC is a non-profit, donor-funded,
taxpayers’ suit questioning the unlawful voluntary, humanitarian organization, whose
disbursement of funds, considering that mission is to bring timely, effective, and
respondent has been drawing his salaries and compassionate humanitarian assistance for
other compensation as a Senator even if he is no the most vulnerable without consideration of
longer entitled to his office. Petitioners point out nationality, race, religion, gender, social
that this Court has jurisdiction over this petition status, or political affiliation. It provides six
since it involves a legal or constitutional issue major services: Blood Services, Disaster
which is of transcendental importance. Management, Safety Services, Community
Health and Nursing, Social Services and
Issue: Voluntary Service.
 The Philippines, adhering to the Geneva
WON petitioners have standing – NO Conventions, established the PNRC as a
Ratio: voluntary organization for the purpose
contemplated in the Geneva Convention of
 Petitioners filed an action for usurpation of 27 July 1929.
public office against respondent, a public  The PNRC is a member National Society of
officer who allegedly committed an act the International Red Cross and Red
which constitutes a ground for the forfeiture Crescent Movement
of his public office. Clearly, such an action  The PNRC, as a member National Society of
is for quo warranto the Movement, has the duty to uphold the
 Quo warranto is generally commenced by Fundamental Principles and ideals of the
the Government as the proper party plaintiff. Movement. In order to be recognized as a
 An individual may commence such an National Society, the PNRC has to be
action if he claims to be entitled to the autonomous and must operate in conformity
public office allegedly usurped by another, with the Fundamental Principles of the
in which case he can bring the action in his Movement.
own name. o The reason for this autonomy is
 The person instituting quo warranto fundamental. To be accepted by
proceedings in his own behalf must claim warring belligerents as neutral
and be able to show that he is entitled to the workers during international or
office in dispute, otherwise the action may internal armed conflicts, the PNRC
be dismissed at any stage. In the present volunteers must not be seen as
case, petitioners do not claim to be entitled belonging to any side of the armed
to the Senate office of respondent. conflict.
 Clearly, petitioners have no standing to file o In the Philippines where there is a
the present petition. communist insurgency and a
 Even if the Court disregards the infirmities Muslim separatist rebellion, the
and treats this as a taxpayer’s suit, it will PNRC cannot be seen as
still fail on the merits. government-owned or controlled,
and neither can the PNRC
WON The position of Chairman of the PNRC is volunteers be identified as
a Government office or an office in a GOCC – government personnel or as
instruments of government policy.
NO
Otherwise, the insurgents or
separatists will treat PNRC
volunteers as enemies when the
volunteers tend to the wounded in Judiciary or Legislature. This leads us to the
the battlefield or the displaced obvious conclusion that the PNRC
civilians in conflict areas. Chairman is not an official or employee of
 It must not appear to be an instrument or the Philippine Government. Not being a
agency that implements government policy; government official or employee, the PNRC
otherwise, it cannot merit the trust of all and Chairman, as such, does not hold a
cannot effectively carry out its mission as a government office or employment.
National Red Cross Society. It is imperative  An overwhelming four-fifths majority of the
that the PNRC must be autonomous, neutral, PNRC Board are private sector individuals
and independent in relation to the State. elected to the PNRC Board by the private
 To ensure and maintain its autonomy, sector members of the PNRC. The PNRC
neutrality, and independence, the PNRC Board exercises all corporate powers of the
cannot be owned or controlled by the PNRC. The PNRC is controlled by private
government. Indeed, the Philippine sector individuals. Decisions or actions of
government does not own the PNRC. The the PNRC Board are not reviewable by the
PNRC does not have government assets and President. The President cannot reverse or
does not receive any appropriation from the modify the decisions or actions of the PNRC
Philippine Congress. The PNRC is financed Board. Neither can the President reverse or
primarily by contributions from private modify the decisions or actions of the PNRC
individuals and private entities obtained Chairman. It is the PNRC Board that can
through solicitation campaigns organized by review, reverse or modify the decisions or
its Board of Governors actions of the PNRC Chairman. This proves
 The government does not control the PNRC. again that the office of the PNRC Chairman
Under the PNRC Charter, as amended, only is a private office, not a government office.
six of the thirty members of the PNRC  The PNRC is not government-owned but
Board of Governors are appointed by the privately owned. The vast majority of the
President of the Philippines. Thus, twenty- thousands of PNRC members are private
four members of the PNRC Board of individuals, including students. Under the
Governors are not appointed by the PNRC Charter, those who contribute to the
President. annual fund campaign of the PNRC are
 Thus, of the twenty-four members of the entitled to membership in the PNRC for one
PNRC Board, eighteen are elected by the year. Thus, any one between 6 and 65 years
chapter delegates of the PNRC, and six are of age can be a PNRC member for one year
elected by the twenty-four members already upon contributing P35, P100, P300, P500 or
chosen a select group where the private P1,000 for the year. Even foreigners,
sector members have three-fourths majority. whether residents or not, can be members of
Clearly, an overwhelming majority of four- the PNRC.
fifths of the PNRC Board are elected or  The PNRC is a privately owned, privately
chosen by the private sector members of the funded, and privately run charitable
PNRC. organization. The PNRC is not a
 The President does not appoint the government-owned or controlled
Chairman of the PNRC. Neither does the corporation.
head of any department, agency,  A GOCC must be owned by the
commission or board appoint the PNRC government, and in the case of a stock
Chairman. Thus, the PNRC Chairman is not corporation, at least a majority of its capital
an official or employee of the Executive stock must be owned by the government. In
branch since his appointment does not fall the case of a non-stock corporation, by
under Section 16, Article VII of the analogy at least a majority of the members
Constitution. Certainly, the PNRC Chairman must be government officials holding such
is not an official or employee of the membership by appointment or designation
by the government. Under this criterion, and the LGC, in relation to Sec. 12 of the Omnibus
as discussed earlier, the government does Election Code. i.e: Persons sentenced by final
not own or control PNRC. judgment for an offense involving moral
 The office of the PNRC Chairman is not a turpitude or for an offense punishable by one (1)
government office or an office in a year or more of imprisonment, within two (2)
government-owned or controlled years after serving sentence are disqualified
corporation for purposes of the prohibition from running for any local elective positon;
in Section 13, Article VI of the 1987
Constitution. However, since the PNRC COMELEC dismissed petition for utter lack of
Charter is void insofar as it creates the merit as petitioner failed to present sufficient
PNRC as a private corporation, the PNRC proof to reverse the pronouncement that
should incorporate under the Corporation Estrada’s right to seek public office was restored
Code and register with the Securities and
by the pardon
Exchange Commission if it wants to be a
private corporation. Petitioner argues that the pardon granted was
conditional as evidenced by Estrada’s
Risos-Vidal v. COMELEC; Jan 21, 2015; acceptance thereof. The “acceptance” is an
Leonardo-De Castro, J. indication of the conditional nature of the
pardon, with the condition being embodied in
Facts: the third Whereas Clause of the pardon:
On Sept. 12, 2007 former Pres. Estrada was “WHEREAS, Joseph Ejercito Estrada
convicted for plunder and was sentenced to a has publicly committed to no longer
penalty of Reclusion Perpetua and the accessory seek any elective position or office.”
penalties of civil interdiction during the period
of sentence and perpetual absolute Under Arts. 36 and 41 of the RPC, it is not
disqualification. enough that a pardon makes a general statement
that such pardon carries with it the restoration of
On Oct. 25, 2007, Former Pres. Gloria Arroyo civil and political rights. A pardon restoring civil
extended executive clemency, by way of pardon and political rights without categorically making
to Estrada, thus on the following day, the latter mention what specific civil and political rights
accepted and received the pardon. are restored “shall not work to restore the right
to hold public office, or the right of suffrage; nor
Estrada thus filed his CoC for the Presidency in
shall it remit the accessory penalties of civil
the upcoming elections, which was immediately
interdiction and perpetual absolute
opposed by 3 separate opositors. COMELEC
disqualification for the principal penalties of
dismissed these oppositions on ground that
reclusion perpetua and reclusion temporal.” Said
Estrada was granted pardon and his right to
constraints are mandatory that shun a general or
office was restored. Upon petition to the SC, it
implied restoration of civil and political rights in
was dismissed for being moot and academic as
pardons.
Estrada lost in the Presidency elections.
Issue:
In Oct. 2012, Estrada filed his CoC for the
position of Mayor of Manila. WON Estrada’s political rights were restored by
the pardon – Yes
Petitioner Atty. Risos-Vidal filed a petition for
Disqualification against Estrada before the Ratio:
COMELEC, anchored on the theory that Estrada
is disqualified to run for public office because of  Estrada was granted an absolute pardon that
his conviction for plunder relying on Sec. 40 of fully restored all his civil and political
rights, which naturally includes the right to President Estrada admits no other
seek public elective office. The wording of interpretation other than to mean that, upon
the pardon is complete, unambiguous, and acceptance of the pardon granted to him, he
unqualified, and is unfettered by Arts. 36 regained his full civil and political rights,
and 41 of the RPC. The only reasonable, including the right to seek elective office.
objective, and constitutional interpretation  The subsequent absolute pardon granted to
of the language of the pardon is that the Estrada effectively restored his right to seek
same in fact conforms to Arts. 36 and 41 of public elective office. This is made possible
the RPC. by reading Sec. 40(a) of the LGC in relation
 Risos-Vidal insists that since a textual to Sec. 12 of the OEC.
examination of the pardon given to and  While it may be apparent that the
accepted by Estrada does not actually proscription in Sec. 40(a) of the LGC is
specify which political right is restored, and worded in absolute terms, Sec. 12 of the
it could be inferred that Arroyo did not OEC provides a legal escape from the
deliberately intend to restore Estrada’s rights prohibition – a plenary pardon or amnesty.
of suffrage and to hold public office, or to  In other words, the latter provision allows
otherwise remit the penalty of perpetual any person who has been granted plenary
absolute disqualification. However, the pardon or amnesty after conviction by final
pardoning power of the President cannot be judgment of an offense involving moral
limited by legislative action. turpitude, inter alia, to run for and hold any
 “Subject to the limitations imposed by the public office, whether local or national
Constitution, the pardoning power cannot be position.
restricted or controlled by legislative
action.”
 Thus, it is unmistakably the long-standing WON The third Whereas clause made the
position of the Court that the exercise of the pardon conditional – NO
pardoning power is discretionary in the
 The pardon itself does not explicitly impose
President and may not be interfered with by
Congress or the Court except only when it a condition or limitation, considering the
unqualified use of the term “civil and
exceeds the limits provided for by the
political rights” as being restored.
Constitution.
 This doctrine of non-diminution or non-  Jurisprudence educates that a preamble is
not an essential part of an act as it is an
impairment of the President’s power of
pardon by acts of Congress, specifically introductory/preparatory clause that explains
through legislation, was strongly adhered to the reasons for the enactment, usually
by an overwhelming majority of the 1987 introduced by the word “whereas.” Such
Constitution framers when they flatly clauses do not form part of a statute because,
rejected a proposal to carve out an exception strictly speaking, they are not part of the
from the pardoning power of the President operative language of the statute.
in the form of “offenses involving graft and  In this case, the whereas clause at issue is
corruption” that would be enumerated and not an integral part of the decree of the
defined by Congress through the enactment pardon, and therefore, does not by itself
of a law. alone operate to make the pardon
 In this jurisdiction, the right to seek public conditional or to make its effectivity
elective office is recognized by law as contingent upon the fulfillment of the
falling under the whole gamut of civil and aforementioned commitment nor to limit the
political rights scope of the pardon.
 From both law and jurisprudence, said right
is unequivocally considered as a political APPOINTMENT
right. Again, the pardon granted to former
Pamantasan ng Lungsod ng Maynila v. IAC; P15,600 per annum 'effective August 1, 1975'.
November 13, 1985; Gutierrez, J. He was further designated as Director of the
Institute of Continuing Education and
Facts: Community Service with an honorarium of
Prior to his joining the Pamantasan, Dr. Esteban P5,676 per annum, likewise effective August 1,
had been a permanent employee in the 1975.
government service for 25 years. Until May 20,
1973, he was officially connected with the
Philippine College of Commerce, a state-owned On August 7, 1975, Dr. Consuelo Blanco, issued
educational institution as its Vice-President for a memorandum circular terminating Dr.
Academic Affairs. Shortly before that date, the Esteban's appointment as Vice-President for
Board of Trustees of the College in a bold move Administration effective July 31, 1975. His
to streamline the college organization resolve to appointment dated June 26, 1975 and effective
abolish the position of Vice-President for until June 30, 1976 had been withdrawn before it
Academic Affairs. Private respondent was given could be confirmed by the Pamantasan Board of
the option to continue teaching at the Philippine Regents.
College of Commerce which he accepted until
Dr. Esteban appealed to the CSC for the
his transfer to the Pamantasan ng Lungsod ng
protection of his tenure in the Pamantasan
Maynila, upon the invitation of its president, Dr.
Consuelo Blanco. CSC – Dr. Esteban may be terminated. Thus the
temporary nature of the appointment issued to
At the Pamantasan, Dr. Esteban was initially
Dr. Esteban as Vice President for Administration
extended an ad interim temporary appointment
is conceded. Such being the Case, his services
as Vice-President for Administration by Dr.
may be terminated at any time with or without
Consuelo Blanco. Dr. Esteban received from the
request that he be extended permanent
Secretary of Pamantasan a 'Notification of
appointment ,or that his temporary appointment
Confirmation of Temporary Appointment' dated
be converted into permanent one, it may be
June 28, 1973. His appointment was 'effective
stated that the issuance of such appointment is
May 21, 1973 until June 30, 1974, unless sooner
addressed to the sound discretion of the
terminated.' On July 5, 1974, the Secretary of
appointing official.
Pamantasan sent him a 'Notification of Renewal
of Temporary Appointment' indicating that his Upon MR, CSC ruled favorably on Dr. Esteban's
appointment was renewed. He received motion. It stated that he was fully qualified for
notification of renewal with increase in salary 3 the position of Vice-President for
more times. Administration and certified him "for
appointment therein under permanent status.” as
On July 26, 1975, Dr. Esteban discovered that he
it further appears that he is fully qualified for the
was not included in the list of employees
position in question in view of his extensive
recommended for permanent appointments. He
experience in the fields of public administration
wrote Dr. Consuelo Blanco requesting the
and management, this Commission hereby
conversion of his temporary appointment to a
certifies him for appointment therein under
permanent one, considering his two and half
permanent status.
(2½) years service.
When the PLM asked for a reconsideration, the
Dr. Esteban received a 'Notification of Ad
CSC came out with a resolution which confused
Interim Appointment notifying him that the
more than it clarified. It stated that its
president of the university had approved his
certification should not be interpreted as
appointment as Professor III with a salary of
directing the reinstatement of Esteban because 'it had 'already acquired a vested right as well as
was never intended to be so’ the right to security of tenure', that he cannot
unceremoniously removed therefrom, nor can
Esteban asked CSC to reconsider the resolution
the status of his appointment be changed without
and also asked for the payment of the salaries
cause, as provided by law and after due
and allowances due him as of September 1975,
process."
which the PLM had withheld. CSC denied.
Pamantasan filed a petition for certiorari against
CSC again modified its earlier resolution in as
Dr. Esteban and Civil Service
case. It ruled that Dr. Consuelo Blanco, had no
Commissionssioners Filemon Fernandez, Jr. and
authority to extend to Dr. Esteban an ad interim
Albina Manalo Dans
appointment as Vice President for
Administration as only the Board of Regents TC: rendered a decision reversing the
was empowered to do that under Article 55 of Commission's Resolution and adopted the earlier
the University Charter (Rep. Act 4196). Commission Resolution dated July 6, 1977
However, it ruled that, as a de facto officer, he holding that Private respondent Dr. Esteban's
was entitled to be paid the salary of that appointment was invalid, though he may be
position. considered as a de facto vice-president of the
University up to October 9, 1975, the date when
On June 6, 1978, Presidential Decree No.1409
the Commission ruled that his appointment was
was issued creating a Merits System Board in
temporary and could be terminated at any time.
the Civil Service Commission to hear and decide
cases brought before it on appeal by officers and IAC: reversed CFI, declaring as permanent the
employees who feel aggrieved by the appointment of Esteban and ordering his
determination of officials on personnel matters. immediate reinstatement to that position with
back salaries, allowances and other benefits.
The Board required the Pamantasan to submit its
complete records on the appointment and Issue:
termination of Dr. Esteban as vice-president for
WON Dr. Esteban holds a permanent position
administration.
and is entitled to security of tenure – YES
While the records officer of the Pamantasan
submitted copies of the notices sent to Esteban Ratio:
regarding his appointment as vice-president for  Esteban had been extended several "ad-
administration, he did not submit a copy of the interim" appointments which petitioner
Board's Resolution No. 485 passed June 20, mistakenly understands as appointments
1973 confirming the ad interim appointments of temporary in nature.
several academic and non-academic personnel of  Perhaps, it is the literal translation of the
said university among which was that of Dr. word "ad interim" which creates such belief.
Hernani Esteban "effective May 21, 1973." He The term is defined by Black to mean "in the
produced a copy of the memorandum circular meantime" or for the time being, Thus, an
dated August 7, 1915 of the President of the officer ad interim is one appointed to fill a
Pamantasan terminating Dr. Esteban's service as vacancy, or to discharge the duties of the
office during the absence or temporary
of July 31, 1975.
incapacity of its regular incumbent.
The Commission ruled that "Dr. Hernani o But such is not the meaning nor the
Esteban had been appointed Vice-President for use intended in the context of
Administration of Pamantasan with permanent Philippine law. In referring to Dr.
status and that the temporary appointment issued Esteban's appointments, the term is
not descriptive of the nature of the
to him did not alter his permanent status as he
appointments given to him. Rather, according to his judgment, deciding for
it is used to denote the manner in himself who is best qualified among those
which said appointments were who have the necessary qualifications and
made, that is, done by the President eligibilities. It is a prerogative of the
of the PLM in the meantime, while appointing power that may be availed of
the Board of Regents, which is without liability, provided however, that it is
originally vested by the University exercised in good faith for the advancement
Charter with the power of of the employer's interest and not for the
appointment, is unable to act. purpose of defeating or circumventing the
 Not only is the appointment in question an rights of the employees under special laws
ad interim appointment, but the same is also or under valid agreements, and provided
a confirmed ad interim appointment. In its further, that such prerogatives are not
Resolution No. 485, the PLM Board of exercised in a malicious, harsh, oppressive,
Regents verified respondent Esteban's vindictive or wanton manner, or out of
appointment without condition nor malice or spite.
limitation as to tenure. As of that moment, it  We cannot also sanction the termination of
became a regular and permanent private respondent's services by petitioner.
appointment. With his appointment now settled as
 In other words, if the Board of Regents is in permanent., the Civil Service law and the
session, the PLM President merely Constitution guarantee private respondent's
nominates while the Board issues the security of tenure as 'No officer or employee
appointment. But when the Board is not in in the Civil Service shall be suspended or
session, the President is authorized to issue dismissed except for cause as provided by
ad interim appointments. Such appointments law" (Section 3, Article XII, the 1973
are permanent but their terms are only until Philippine Constitution).
the Board disapproves them. If confirmed,  Petitioner has failed to substantiate its
the appointee's term is converted into the allegations of incompetence against
regular term inherent in the position. respondent Esteban whose record of
 Further supporting private respondent's government service appears quite
stand is the list of permanent personnel impressive. Esteban was not dismissed for
which was submitted to the Commission by cause after proper proceedings. His
the university president herself on March 3, appointment was terminated on the ground
1975 for recognition of their permanent that it was temporary.
status by the Commission. The appellant's
name was the first in that list. The
permanent status by the CSC in its 1st WON Esteban is entitled to full backwages,
Indorsement. This fact is borne out by the allowances and other benefits
records
 It is not clear from the records as to when
Dr. Esteban actually ceased working for
 From the foregoing, there appears an PLM. Under the law, he is entitled to full
intention to deprive private respondent of his pay, allowances, and other benefits during
rights as a permanent appointee. With the period that he was actually reporting for
strained relations and differences in work and rendering services in whatever
professional opinion between the private capacity, whether teaching, research or
respondent and the PLM President, Dr. administration. As of backwages, the
Esteban was led to believe that his services amount is generally based on the equivalent
were terminable at pleasure. of three years' earnings
 The power to appoint is, in essence,  Considering that in the case at bar, more
discretionary. The appointing power has the than 10 years have elapsed from the date
right of choice which he may exercise freely respondent Esteban as to the true nature of
his appointment and "studiously Ratio:
suppressing" material data to effectively
deprive the latter of his rights as a  The SolGen, rather than face the question
permanent employee, we find an award of 5 squarely, says the petitioner could be validly
years backpay to respondent Dr. Esteban replaced in the instant case because his
just and equitable under the circumstances, appointment was temporary and therefore
assuming he has not reached retirement age could be withdrawn at will, with or without
in the meantime. cause. Having accepted such an
appointment, it is argued, the petitioner
waived his security of tenure and
Luego v. CSC; August 5, 1986; Cruz, J. consequently ran the risk of an abrupt
separation from his office without violation
Facts: of the Constitution
Petitioner Luego was appointed Administrative  The argument begs the question. The
Officer 11, Office of the City Mayor, Cebu City, appointment of the petitioner was not
temporary but permanent and was therefore
by Mayor Florentino Solon. The appointment
protected by Constitution. The appointing
was described as permanent" but the CSC
authority indicated that it was permanent, as
approved it as "temporary," subject to the final he had the right to do so, and it was not for
action taken in the protest filed by the private the respondent Civil Service Commission to
respondent Tuozo and another employee, and reverse him and call it temporary.
provided "there was no pending administrative  The stamping of the words "APPROVED as
case against the appointee, no pending protest TEMPORARY" did not change the
against the appointment nor any decision by character of the appointment, which was
competent authority that will adversely affect clearly described as "Permanent" in the
the approval of the appointment." space provided for in Civil Service Form
No. 33, dated February 18, 1983.
CSC found the private respondent Tuozo better  What was temporary was the approval of the
qualified than the petitioner for the contested appointment, not the appointment it self And
position and, accordingly, directed "that Felicula what made the approval temporary was the
Tuozo be appointed to the position of fact that it was made to depend on the
Administrative Officer 11 in the Administrative condition specified therein and on the
Division, Cebu City, in place of Felimon Luego verification of the qualifications of the
whose appointment as Administrative Officer II appointee to the position.
is hereby revoked  The Civil Service Commission is not
empowered to determine the kind or nature
The private respondent was so appointed on of the appointment extended by the
June 28, 1984, by the new mayor, Mayor Ronald appointing officer, its authority being
Duterte. The petitioner, invoking his earlier limited to approving or reviewing the
permanent appointment, is now before us to appointment in the light of the requirements
question that order and the private respondent's of the Civil Service Law.
title.  When the appointee is qualified and
authorizing the other legal requirements are
Issue: satisfied, the Commission has no choice but
to attest to the appointment in accordance
WON CSC is authorized to disapprove a with the Civil Service Laws.
permanent appointment on the ground that  Indeed, the approval is more appropriately
another person is better qualified than the called an attestation, that is, of the fact that
appointee and, on the basis of this finding, the appointee is qualified for the position to
ordering his replacement by the latter.—No which he has been named. As we have
repeatedly held, such attestation is required
of the Commissioner of Civil Service merely On January 8, 1958, Petitioner was appointed
as a check to assure compliance with Civil by then Cebu City Mayor, Ramon Duterte, as
Service Laws. driver, Motorized Division of the Cebu Police
 Appointment is an essentially discretionary Department, with a yearly compensation of
power and must be performed by the officer P1,440.00;
in which it is vested according to his best
lights, the only condition being that the On January 8, 1960 was issued another
appointee should possess the qualifications appointment as "driver" of the Cebu Police
required by law. If he does, then the Department, at an increased yearly
appointment cannot be faulted on the ground compensation at P1,560.00;
that there are others better qualified who
should have been preferred. This is a On December 21, 1961 Petitioner was issued
political question involving considerations another appointment by then Cebu City Mayor
of wisdom which only the appointing Carlos J. Cuizon as "Driver, Civilian Employee"
authority can decide. of the Cebu Police Department at the increased
 It is understandable if one is likely to be yearly compensation of P1,920.00.
misled by the language of Section 9(h) of
Article V of the Civil Service Decree On November 7, 1963 Petitioner was extended
because it says the Commission has the an appointment as "driver (Radio Patrol)
power to "approve" and "disapprove" Civilian Employee" of the Cebu Police
appointments. Thus, it is provided therein Department at the increased yearly
that the Commission shag have inter alia the compensation of P2,040.00
power to:
o 9(h)Approve all appointments, On April 14, 1964, petitioner was removed from
whether original or promotional to his position in the Cebu Police Department
positions in the civil service, except without prior investigation or hearing, the
those presidential appointees, termination having been made in a letter of
members of the Armed Forces of the dismissal stating: “There being no more need for
Philippines, police forces, firemen, your service as Driver in the Cebu Police
and jailguards, and disapprove those Department, your provisional appointment
where the appointees do not possess
thereto is hereby terminated effective April 16,
appropriate eligibility or required
1964. Please turn over any government property
qualifications. (emphasis supplied)
 However, a full reading of the provision, that may have been issued to you to the proper
especially of the underscored parts, will property custodian and have yourself cleared of
make it clear that all the Commission is any accountability during the period of your
actually allowed to do is check whether or service.”
not the appointee possesses the appropriate
Petitioner is a civil service eligible, having
civil service eligibility or the required
qualifications. If he does, his appointment is passed the patrolman and/or detective (qualified)
approved; if not, it is disapproved. No other civil service examination on July 20, 1963 with
criterion is permitted by law to be employed a rating of 76.85% as shown in the attached
by the Commission when it acts on--or as copy of "Report of Ratings"; Petitioner is a
the Decree says, "approves" or fourth year student in the College of Liberal Arts
"disapproves" an appointment made by the in the University of the Visayas as shown by the
proper authorities. attached certification;
The position of the petitioner, after his removal,
Regis v Osmeña; May 23, 1991; Davide, J. was filled up by the respondent City Mayor with
the appointment of Eduardo Gabiana, a non-civil
Facts:
service eligible as shown in his appointment
Petitioner this filed a petition for Mandamus in exceeding six months,' a provisional
the CFI to compel respondents to reinstate him appointment, on the other hand, is intended
to his former position as driver, Motorized for the contingency that 'a vacancy occurs
Section of the Cebu City Police Department and the filling thereof is necessary in the
(CPD), with back salaries from the date of his interest of the service and there is no
ouster until reinstatement appropriate register of eligibles at the time
of appointment
RTC dismissed the petition on the ground that  Accordingly, since there was no certificate
petitioner's questioned appointment was of civil service eligibility received by
temporary in nature and, therefore, terminable at respondent City Mayor, the provisional
the pleasure of the appointing power. appointment of petitioner remained valid
and subsisting.
Issue:  Prior to such receipt petitioner may only be
removed for cause as provided by law under
WON the dismissal was proper – NO Section 32 of R. A. No. 2260.
Ratio:  That there was "no more need" for his
service was not a valid and lawful cause and
 As correctly stated by petitioner, provisional even if it were so, it could not be availed of
appointments are governed by paragraph (c) in this case since, as admitted by the parties,
of Section 24 of R. A. No. 2260 while immediately after the ouster a non-civil
temporary appointments are covered by service eligible was appointed to replace
paragraph (d) of said Section. petitioner and more driver positions were
o "(c) Provisional appointments. - A included in the succeeding budget of the
provisional appointment may be City of Cebu.
issued upon prior authorization of  We agree, however, with the court below
the Commissioner in accordance that the patrolman-detective civil service
with the provisions of the Act and eligibility of petitioner "is not intended for
the rules and standards promulgated or appropriate to the position of driver;
in pursuance thereto to a person who hence, it did not convert his temporary
has not qualified in an appropriate [should be, correctly, provisional]
examination but who otherwise appointment of driver to a permanent one
meets the requirements for (court cited a case that refers to a temporary
appointment to a regular position in appointment, but it said that the rule laid
the competitive service, whenever a down equally applies to a provisional
vacancy occurs and the filling appointment.)
thereof is necessary in the interest of  This matter, however, had been
the service and there is no subsequently categorically resolved in favor
appropriate register of eligibles at of holders of provisional appointments by R.
the time of appointment." A. No. 6040, which took effect on 4 August
o "(d) Temporary appointment. - A 1969. Section 18 thereof provides:
person may receive a temporary o ". . . all provisional appointments
appointment to a position needed made or appointments approved by
only for a limited period not the Civil Service Commission under
exceeding six months, provided that Section 24(C) of Republic Act
a preference in filling such position Numbered Two thousand two
be given to persons on appropriate hundred sixty prior to the approval
eligible lists." of this Act shall automatically be
 Festejo vs. Barreras: Whereas a temporary permanent under the provisions of
appointment is designed to fill 'a position Section twenty-four (b) thereof as
needed only for a limited period not amended by this Act, subject to the
provisions of Section 16(h) of said distinguished from the Non-Career Service.
Act as herein amended." Claiming to have the rank of undersecretary, he
says he comes under Article IV, Section 5 of
P.D. 807, otherwise known as the Civil Service
Achacoso v. Macaraig; March 13, 1991; Cruz,
Decree, which includes in the Career Service.
J.
3. Positions in the Career Executive
Facts:
Service; namely, Undersecretary,
Achacoso was appointed Administrator of the Assistant Secretary, Bureau Director,
Philippine Overseas Employment Assistant Bureau Director, Regional
Administration (POEA) on October 16, 1987, Director, Assistant Regional Director,
and assumed office on October 27, 1987. On Chief of Department Service and other
January 2, 1990, in compliance with a request officers of equivalent rank as may be
addressed by the President of the Philippines to identified by the Career Executive
"all Department Heads, Undersecretaries, Service Board, all of whom are
Assistant Secretaries, Bureau Heads," and other appointed by the President.
government officials, he filed a courtesy
The respondents contend that as the petitioner
resignation.
was not a career executive service eligible at the
This was accepted by the President on April 3, time of his appointment, he came under the
1990, "with deep regrets." On April 10, 1990, exception to the above rule and so was subject to
the Secretary of Labor requested him to turn the provision that he "shall subsequently take the
over his office to the Deputy Administrator as required Career Executive Service examination
officer in-charge. and that he shall not be promoted to a higher
rank until he qualifies in such examination." Not
In a letter dated April 19, 1990, he protested his having taken that examination, he could not
replacement and declared he was not claim that his appointment was permanent and
surrendering his office because his resignation guaranteed him security of tenure in his position.
was not voluntary but filed only in obedience to
the President's directive. Issue:
On the same date, respondent Jose N. Sarmiento WON Petitioner is a career official and is
was appointed Administrator of the POEA, vice entitled to security of tenure – No
the petitioner. Achacoso was informed thereof
Ratio:
the following day and was again asked to vacate
his office. He filed a motion for reconsideration  It is settled that a permanent appointment
on April 23, 1990, but this was denied on April can be issued only "to a person who meets
30, 1990. He then came to this Court for relief. all the requirements for the position to
which he is being appointed, including the
Achacoso filed a petition for prohibition and appropriate eligibility prescribed." Achacoso
mandamus, this Court is asked to annul the did not.
appointment of Sarmiento and to prohibit the  At best, therefore, his appointment could be
respondents from preventing the petitioner from regarded only as temporary. And being so, it
discharging his duties as Administrator of the could be withdrawn at will by the appointing
POEA. authority and "at a moment's notice,"
conformably to established jurisprudence.
Achacoso contends: that he is a member of the
Career Service of the Civil Service and so
enjoys security of tenure, which is one of the  The mere fact that a position belongs to the
characteristics of the Career Service as Career Service does not automatically
confer security of tenure on its occupant filed his courtesy resignation. We therefore
even if he does not possess the required do not have to rule on its legality. Suffice it
qualifications. Such right will have to to say that it could have been a graceful way
depend on the nature of his appointment, of withdrawing him from his office with all
which in turn depends on his eligibility or the formal amenities and no asperity or
lack of it. discord if only he had not chosen to contest
 A person who does not have the requisite it. But it was his right to do so, of course,
qualifications for the position cannot be although his challenge has not succeeded.
appointed to it in the first place or, only as
an exception to the rule, may be appointed
to it merely in an acting capacity in the Marohombsar v. Alonto; February 25, 1991;
absence of appropriate eligibles. Gurierrez Jr, J.
 The purpose of an acting or temporary
appointment is to prevent a hiatus in the Facts:
discharge of official functions by Petitioner was designated as officer-in-charge of
authorizing a person to discharge the same the Office of the Vice Chancellor for Academic
pending the selection of a permanent or Affairs (OVCAA) of Mindanao State University
another appointee. (MSU) in a concurrent capacity with her
 The person named in an acting capacity position then as Vice-President for External
accepts the position under the condition that Studies.
he shall surrender the office once he is
called upon to do so by the appointing The Office of the Vice-President for External
authority. Studies was merged with the OVCAA and, as
 One who holds a temporary appointment has such, the functions of the former were to be
no fixed tenure of office; his employment exercised by the latter. The petitioner was
can be terminated at the pleasure of the appointed acting Vice-Chancellor for Academic
appointing power, there being no need the Affairs on the same day. The Board of Regents
show that the termination is for cause. of the MSU, on May 16, 1989, approved her
 The petitioner contends that his appointment appointment as acting Vice-Chancellor for
was really intended to be permanent because Academic Affairs.
temporary appointments are not supposed to
exceed twelve months and he was allowed Respondent Ahmad E. Alonto, MSU President,
to serve in his position for more than three wrote the petitioner informing her that he has
years. decided to tap the petitioner's talent for the MSU
 This is unacceptable. Even if that intention system as Vice-President for Academic Affairs
were assumed, it would not by itself alone which position is under the administrative staff
make his appointment permanent. Such an of the respondent MSU President. The
appointment did not confer on the petitioner petitioner, on the same date, answered that she
the appropriate civil service eligibility he did cannot accept the position since she has already
not possess at the time he was appointed, started several projects in the OVCAA which
nor did it vest him with the right to security she wants to see through.
of tenure that is available only to permanent
appointees. Respondent President, designated Professor
Macacuna Moslem as Vice-Chancellor for
 In the case at bar, the petitioner was not Academic Affairs but the latter did not accept
eligible and therefore could be appointed at the designation. On May 28, 1990, the
best only in a temporary capacity respondent President issued Special Order
designating Professor Corazon Batara, the other
 It should be obvious from all the above
respondent in this case, as Officer-in-Charge of
observations that the petitioner could have
the OVCAA.
been validly replaced even if he had not
Petitioner now comes to this Court assailing her governs acting appointments to this
removal as Vice-Chancellor by the respondent case.
President. The Court issued a TRO directing the  The essence of an acting appointment is
respondents to cease and desist from enforcing its temporary nature. It is a stop gap
and/or implementing Special Order and from measure intended to fill an office for a
interfering and/or preventing the petitioner from limited time until a permanent
performing her duties as Vice-Chancellor for appointment is extended or a new
Academic Affairs of the MSU appointee is chosen.
 The nature of an acting appointment
On November 19, 1990, the petitioner filed a limits not only the claims of the
motion to cite respondent Alonto for contempt, appointee to a lengthy tenure but also
alleging that said respondent, in violation of the defines the authority of the appointing
TRO issued by this Court submitted Special power. A public officer appointed in an
Order to the MSU Board of Regents for acting capacity cannot claim that the
approval. appointment shall in time ripen into a
permanent one.
The petitioner asserts that her appointment being  However, neither can the appointing
permanent, she can be removed only after power use the principle of temporary
hearing and for cause. appointments to evade or avoid the
security of tenure principle in the
Meanwhile, the MSU Board or Regents Constitution and the Civil Service Law.
confirmed the Special Order of respondent for This is similar to the rule that the head
the removal of petitioner of an office cannot arbitrarily convert
permanent positions to primarily
Issue: confidential items so that he can more
freely fire and hire or rehire
WON petitioner Dr. Emily M. Marohombsar, subordinates at his personal discretion.
who was appointed Acting Vice-Chancellor for  It is the nature of the functions attached
Academic Affairs of MSU by the respondent to a position, not the nomenclature or
President may be removed from office even title given by the appointing authority
without cause. – NO which determines its primarily
confidential nature.
Ratio:  In this case, the intent to make the petitioner
serve at the pleasure of the respondent MSU
 A bona fide appointment in an acting President is obvious. The petitioner is a
capacity is essentially temporary and career official of MSU for over 27 years.
revocable in character and the holder of She was Vice-President for External Studies
such appointment may be removed since 1982. On March 22, 1988, she was
anytime even without hearing or cause. given an additional assignment as Officer-
A person who accepts an appointment in in-Charge of the Office of the Vice-
an acting capacity extended and Chancellor for Academic Affairs
received without any protest or concurrently with the permanent position as
reservation and who acts thereunder for Vice-President for External Studies.
a considerable time cannot later be  About nine months later, the Vice-
heard to say that the appointment was, Presidency for External Studies was
in reality, permanent and therefore there "merged" with the Vice-Chancellorship for
can be no removal except for cause. Academic Affairs. At the same time, the
 There are circumstances, however, petitioner was appointed acting Vice-
which rule against the routine or blind Chancellor for Academic Affairs.
application of the principle which
 The effect, therefore, was to abolish the  Under the MSU Code, a designation
petitioner's permanent office and give her a requires a fixed period of not less than
temporary appointment in the supposedly one year. The appointment given to the
new office which replaced or absorbed the petitioner was indefinite.
former office. Another result was the loss by  She would serve at the pleasure of the
the petitioner of her permanent status. MSU President who is not even the head
 There are reasons which indicate that these of the institution because the head is the
maneuverings by the respondent President Board of Regents.
cannot be characterized as bona fide.  The intent to convert permanent items
 The power to designate is vested in the into temporary ones is apparent. The
MSU President. petitioner states that the purpose "is to
 The designation must be less than one hold the sword of Damocles hanging
year. over the head of all MSU employees and
 It must be reported to the Board of officers."
Regents at the next regular meeting.  The Board of Regents cooperated in the
 After the meeting, another designation plan. Practically, all top officers below
must be issued if no permanent the President were converted into
appointment was made. The earlier positions where the occupants serve at
designation becomes void as the Board the pleasure of the President and
is expected to fill the item permanently, presumably, the Board of Regents.
not merely leaving it temporarily
occupied. Petitioner has not refuted the fact that the
 On the other hand, the power to appoint position she actually occupies is that of
is vested in the Board of Regents Professor VI. This is precisely the reason why
 If the President merely designates, the petitioner's designation as Acting VCAA can not
Board of Regents does not confirm the be deemed a regular or permanent appointment
designation. Since it is only for the because, if it were so, the anomalous situation of
information of the Board, the President's one permanently appointed to two public
action should be merely "noted." positions simultaneously would arise.
 When the Board of Regents confirmed  The attempt of the respondent to solve
the appointment of the petitioner on the problem by placing the petitioner in
May 16, 1989, it was acting on an ad his own administrative staff as Vice-
interim appointment effected by the President for Academic Affairs cannot
President. be countenanced.
 No other interpretation can be validly  The petitioner served in this capacity
made. If it was a mere designation, it from 1975 to 1978 after which she
needs no confirmation. became Vice-President for External
 The fact that confirmation was needed Studies in 1982. The proffered position
shows that it is an ad interim one. is not only less desirable to the
 An ad interim appointment is one made petitioner but she expressly rejected it,
during the time when the appointing or preferring to stay in her present position.
confirming body is not in session and  She thanked the respondent but stated
there is an existing clear and present she would not be effective in the new
urgency caused by an impending position while in the OVCAA she could
obstruction or paralyzation of the complete a number of projects and
functions assigned to the office if no programs.
immediate appointment is made.  There are transfers which appear to be
 The respondent cannot use the device of promotions or lateral movements but are
an ambiguous designation to go around in truth demotions. There is no showing
the security of tenure principle. that the interest of the service would be
served if the proffered appointment aforementioned list made by the Placement
would be forced on her. Committee.
 The respondent MSU President, perhaps
realizing the vulnerability of his action, In this re-evaluation, petitioner Sinon was
submitted Special Order No. 158-P to displaced by the respondent Banan and this same
the Board of Regents for approval. But resolution was duly approved by the Secretary of
such submission was made after the the Department of Agriculture, Carlos G.
Court already issued its temporary Dominguez, who also affixed his signature on
restraining order and consequently, his the same date.
action constituted contempt of Court.
Considering, however, that the However, on August 30, 1988, Sinon received
respondent appears to have acted in the an appointment as MAO for Region II in
honest albeit mistaken belief that MSU Cagayan as approved by Regional Director
would progress faster if the executive Gumersindo D. Lasam on the basis of the first
officers serve at his pleasure and evaluation made by the Placement Committee.
discretion, the Court rules that declaring
him in contempt would be too harsh a Sinon filed an appeal to the CSC. This appeal
remedy. The respondent President is, was granted mainly for two reasons: first, the
nevertheless, admonished for his action. respondent DARAB failed to file its Comment
When this Court issues a restraining within the period required; and second, the
order, it must be obeyed. evaluation of the qualification of the employees
is a question of fact which the appointing
authority or the Placement Committee assisting
Sinon v. CSC; November 5, 1992; Campos Jr, him is in a better position to determine. Hence,
J. the Resolution of the DARAB was set aside.

Facts: Banan filed a Motion for Reconsideration in


which she pitted her qualifications against Sinon
Prior to the reorganization of the then Ministry for the last slot in the 29 available MAO
of Agriculture and Food (the "MAF"), the positions. At the same time, she pointed out that
private respondent Juana Banan was the to allow the findings of the Placement
incumbent Municipal Agricultural Officer Committee to supercede the DARAB resolution
(MAO), while the petitioner Eliseo Sinon which the Secretary of Agriculture had approved
occupied the position of Fisheries Extension would be tantamount to giving precedence to the
Specialist (FES) II in the Bureau of Fisheries Placement Committee over the head of the
and Aquatic Resources (BFAR) in the same agency.
region.
CSC granted respondent Banan's Motion for
However, the reorganization of the MAF into Reconsideration and gave due course to her
the Department of Agriculture (the "DA") with appointment by the DARAB.
the issuance of EO. 116, called for the
evaluation of temployees for the twenty nine Issue:
positions of MAO in Region II, Cagayan. The
list as prepared by the Placement Committee WON CSC committed grave abuse of discretion
included the herein petitioner Sinon but in reviewing and re-evaluating the rating or
excluded the respondent Banan. qualification of the petitioner Sinon.- NO

Thus, respondent Banan filed an appeal with the Ratio:


Department of Agriculture Reorganization  Contrary to the allegations of the petitioner,
Appeals Board ("DARAB") for re-evaluation of there is no evidence of grave abuse of
the qualifications of all those included in the discretion on the part of the CSC when it
issued the Resolution which approved the  In contrast, to "recommend" is to present
appointment of respondent Banan over one's advice or choice as having one's
petitioner Sinon. approval or to represent or urge as advisable
 With the reorganization of the MAF into the or expedient. It involves the Idea that
DA with Executive order No. 116, it became another has the final decision.
imperative to "protect the security of tenure  Clearly, the Placement Committee was
of Civil Service Officers and employees in charged with the duty of exercising the same
the implementation of government discretionary functions as the appointing
reorganization". Thus, Congress passed authority in the judicious selection and
Republic Act No. 6656. placement of personnel when the law
 It was under the same law of R.A. 6656 that empowered it to "assist" the appointment
the Placement Committee was created: authority.
 Section 6. In order that the best qualified  In the case at bar, the Circular of the Office
and most deserving persons shall be of the President created the agency
appointed in any reorganization, there shall Reorganization Appeals Board to address
be created a Placement Committee in each the problem of the employees affected by
department or agency to assist the the reorganizations.
appointing authority in the judicious  The foregoing legal measures spell out the
selection and placement of personnel. remedies of aggrieved parties which make it
o The Committee shall consist of two impossible to give the status of finality to
(2) members appointed by the head any appointment until all protests or
of the department or agency, a oppositions are duly heard.
representative of the appointing  Thus, while it is true that the appointment
authority, and two (2) members duly paper received by petitioner Sinon for the
elected by the employees holding position of MAO had not conferred any
positions in the first and second permanent status and was still subject to the
levels of the career service: following conditions attached to any
o Provided, that if there is a registered appointment in the civil service:
employee association with a  Provided that there is no pending
majority of the employees as administrative case against the appointee, no
members, that employee association pending protest against the appointment, nor
shall also have a representative in any decision by competent authority that
the Committee: will adversely affect the approval of the
o Provided, Further, that immediately appointment.
upon the approval of the staffing  Hence, for as long as the re-evaluation of the
pattern of the department or agency qualification filed by Banan was pending,
concerned, such staffing pattern the petitioner cannot claim that he had been
shall be made known to all officers issued with a "complete" appointment.
and employees of the agency who Neither is there any point in asserting that
shall be invited to apply for any of his appointment had "cured" whatever
the positions authorized therein. changes was subsequently recommended by
Such application shall be considered the DARAB
by the committee in the placement  The fact that the DARAB is capable of re-
and selection of personnel. evaluating the findings of the Placement
Committed only to find that Sinon is not
 To "assist" mean to lend an aid to, or to qualified should not be taken as a grave
contribute effort in the complete abuse of discretion.
accomplishment of an ultimate purpose  The argument that the public respondent
intended to be effected by those engaged. CSC had disregarded the findings of the
Placement Committee is wrong.
 The truth is, these findings were re- Private respondent Tito Dato was appointed as
evaluated and the report after such re- Private Agent by the then governor of
evaluation was submitted to and approved Camarines Sur, Apolonio Maleniza.
by the Secretary of Agriculture. The CSC
affirmed the findings of the DARAB. October 12, 1972: He was promoted and was
 Neither do we find in the Resolution (of appointed Assistant Provincial warden by then
February), any statement by the CSC Governor Felix Alfelor, Sr. Since he had no civil
directing the appointment of the respondent service eligibility for the position he was
Banan. Hence, there was no directive from appointed to, Tito Dato could not be legally
the CSC that may be misinterpreted as a extended a permanent appointment so what was
usurpation of any appointing power. extended to him was only a temporary
 Also, the term incumbent officer and the appointment. The temporary appointment was
privileges generally accorded to them would renewed annually.
more aptly refer to Banan and not to
petitioner Sinon whose appointment was January 1, 1974: Governor Alfelor approved the
never confirmed completely. change in Dato's employment status from
 There is no dispute that the position of MAO temporary to permanent upon the latter's
in the old staffing pattern is most representation that he passed the civil service
comparable to the MAO in the new staffing examination for supervising security guards.
pattern. Said change of status, however, was not
 Finally, the Solicitor General in behalf of the favorably acted upon by the Civil Service
CSC correctly noted that the petitioner Commission (CSC) reasoning that Tito Dato did
Sinon had conveniently omitted the then not possess the necessary civil service eligibility
Secretary of Agriculture who had affixed his for the office he was appointed to. His
approval on the findings of the DARAB. appointment therefore remained temporary. No
 Petitioner Sinon knew fully well that as head other appointment was extended to him after
of the agency, the Secretary of Agriculture that.
was the appointing authority.
Tito Dato was indefinitely suspended by
 It must be recalled that the whole purpose of
reorganization is that is it is a "process of Governor Alfelor after criminal charges were
restructuring the bureaucracy's filed against him and a prison guard for
allegedly conniving and/or consenting to evasion
organizational and functional set-up, to
make it more viable in terms of the of sentence of some detention prisoners who
escaped from confinement.
economy, efficiency, effectiveness and make
it more responsive to the needs of its public
clientele as authorized by law." March 19, 1976: Two years after the request for
change of status was made, Mr. Lope B. Rama,
head of the Camarines Sur Unit of the CSC,
 For as long as the CSC confines itself within
wrote the Governor of Camarines Sur a letter
the limits set out by law and does not
informing him that the status of Tito Dato has
encroach upon the prerogatives endowed to
been changed from temporary to permanent, the
other authorities, this Court must sustain the
latter having passed the examination for
Commission.
Supervising Security Guard. The change of
status was to be made retroactive to June 11,
1974, the date of release of said examination.
Province of Camarinas Sur v. CA; June 14,
1995; Bidin, J.
In the meantime, the Sangguniang Panlalawigan,
suppressed the appropriation for the position of
Facts:
Assistant Provincial Warden and deleted Tito
Dato’s name from the petitioner's plantilla.
Tito Dato was subsequently acquitted of the the power to make the appointment itself or
charges against him. Consequently, he requested to direct the appointing authority to change
the Governor for reinstatement and backwages. the employment status of an employee.
His request went unheeded so he filed an action  The CSC can only inquire into the eligibility
for mandamus before the RTC of the person chosen to fill a position and if
it finds the person qualified it must so attest.
RTC: ordered the payment of back salaries If not, the appointment must be disapproved.
CA: Affirmed: Pet are ordered to pay the The duty of the CSC is to attest
backwages of petitioner Tito B. Dato during the appointments and after that function is
entire period of his suspension, with all the discharged, its participation in the
rights and privileges that he is entitled to as a appointment process ceases.
regular government employee reaching the age  In the case at bench, CSC should have ended
of 65 in the government service, as provided by its participation in the appointment of
law; and (2) the award of the sum of P5,000 to private respondent on January 1, 1974 when
petitioner as attorney's fees and respondents to it confirmed the temporary status of the
pay the costs of suit is deleted. latter who lacked the proper civil service
eligibility. When it issued the foregoing
Issue: communication on March 19, 1976, it
WON Tito Dato was a permanent employee of stepped on the toes of the appointing
petitioner Province of Camarines Sur at the time authority, thereby encroaching on the
he was suspended – NO discretion vested solely upon the latter.
Ratio:  The Court is not prepared to accord said
 Such lack of a civil service eligibility made letter any probative value, the same being
his appointment temporary and without a merely a purported photocopy of the alleged
fixed and definite term and is dependent letter, initialed and not even signed by the
entirely upon the pleasure of the appointing proper officer of the CSC.
power. The fact that private respondent  Tito Dato, being merely a temporary
obtained civil service eligibility later on is of employee, is not entitled to the relief he
no moment as his having passed the seeks, including his claim for backwages for
supervising security guard examination, did the entire period of his suspension.
not ipso facto convert his temporary
appointment into a permanent one. In cases
such as the one at bench, what is required is Gloria v. De Guzman; October 6, 1995;
a new appointment since a permanent Hermosisima, Jr.,J.
appointment is not a continuation of the
temporary appointment — these are two Facts:
distinct acts of the appointing authority. Private respondents were employees of the
 Tito Dato rests his case entirely on the letter Philippine Air Force College of Aeronautics
dated March 19, 1976 communicated by Mr. (PAFCA) which was created by virtue of PD
Lope Rama to the Governor of Camarines 1078. Under the said decree, the Board of
Sur. Trustees is vested with authority, among others,
 The letter is a clear arrogation of power to appoint, as it did appoint, officials and
properly belonging to the appointing employees of the college, except the members of
authority. Time and again, the Court has the Board of Trustees themselves and the
defined the parameters within which the President of the college.
power of approval of appointments shall be
exercised by the CSC.
 Luego v. Civil Service Commission: CSC In line with this authority, the PAFCA Board of
has the power to approve or disapprove an Trustees issued Resolution No. 91-026, which
appointment set before it. It does not have declared that "All faculty/administrative
employees are also subject to the required civil
service eligibilities", in accordance with made anew by then DECS Secretary Isidro
pertinent civil service law, rules and regulations. Cariño on June 8, 1992.
Thus, private respondents were issued only
Only on December 7, 1992 did Col. Loleng
temporary appointments because at the time of
inform private respondents that they shall be
their appointment, they lacked appropriate civil
deemed separated from the service upon the
service eligibilities or otherwise failed to meet expiration of their temporary appointments. Had
the necessary qualification standards for their Cerillo not been summarily dismissed as Board
respective positions. Secretary, her temporary appointment as such
was supposed to have lasted until Dec 31, 1992.
Private respondent Ms. Cerillo, specifically, was
Barely five months after the lapse of the terms of
issued a one-year temporary appointment to the
their temporary appointments as determined by
position of Board Secretary II of PAFCA, that the PSCA administration, the private
is, from Jan 1, 1992 to Dec 31, 1992. This respondents filed with the RTC, a petition for
appointment went along the line enunciated by Mandamus and Reinstatement, with Back
the CSC in a letter, which emphasized that Wages and Damages". The complaint prayed
temporary appointments were good and that then DECS Secretary Fabella complete the
renewable only up to 1992, to wit: filling up of positions for Board of Trustees and
order the Board of Trustees to reinstate the
o Please note that temporary appointments respondents in the case at bench to their
last only for a maximum of one (1) year respective positions.
and all personnel appointed in a
temporary capacity can be replaced any Petitioners opposed the petition upon the ground
time by a civil service eligible. Since that mandamus will not lie to compel
you have just been recently covered by reinstatement because the reappointment prayed
the Civil Service Law and rules, this for is discretionary on the part of the appointing
Field Office approved all your power. Besides, it was the claim of Secretary
temporary appointments subject to Fabella that a writ of mandamus should be
yearly renewal up to 1992 only. unavailing to private respondents because of
Subsequent appointments should strictly their failure to exhaust administrative remedies.
conform with civil service policies. You RTC ruled in favor of Cerillo.
may, therefore, advise all your
temporary personnel to take civil service Issue:
examinations in order to be eligible for WON Cerillo is entitled to reinstatement the
appointment position of "Coordinator for Extension
Services"– NO
Mar 24, 1992, Cerillo was relieved as Board
Secretary in accordance with Board Resolution Ratio:
No. 92-017 by reason of loss of confidence.
Subsequently, however, she was designated as  The RTC decision is patently improper
"Coordinator for Extension Services". because it finds no support as to facts and
the law. Cerillo, although temporarily
Then, RA 7605 was enacted into law which extended an appointment as Board Secretary
converted PAFCA into a state college to be II, was dismissed therefrom because of loss
known as the Philippine State College of of confidence. This dismissal was neither
Aeronautics (PSCA). The Board of Trustees contested nor appealed from by her. There is
likewise was the governing body of the PSCA. no question, therefore, that her dismissal as
Board Secretary II could not have been the
The power to make appointments was retained
subject of the petition for mandamus and
by the Board. Petitioner Col. Loleng, remained reinstatement filed before respondent Judge.
as Officer-in-Charge by virtue of a designation
The fact is that private respondent's respondents pointed out to the PSCA
assignment as "Coordinator for Extension administration that, in Resolution No. 91-
Services" was a mere designation. Not being 026, the Board of Trustees declared that all
a permanent appointment, the designation to faculty/administrative employees of the
the position cannot be the subject of a case college, while required to acquire civil
for reinstatement. service eligibilities under pertinent civil
 Furthermore, even granting that Cerillo service law, rules and regulations, must
could be validly reinstated as "Coordinator exert effort to acquire civil service
for Extension Services", her reinstatement eligibilities within a period of 3 years from
thereto would not be possible because the their temporary appointments. This, they
position is not provided for in the PSCA believe should be taken to mean that, should
plantilla. The PSCA could not have made they acquire civil service eligibilities within
any valid appointment for this inexistent that period of 3 years, they can’t be
position. This could very well be the reason terminated from the service.
why she was merely designated as  The fact that Cerillo passed the requisite
Coordinator. As a mere designee, she could Civil Service Examination after the
not have acquired any right to the position termination of her temporary appointment is
even if the position existed. no reason to compel petitioners to reappoint
 A mere "designation" does not confer upon her. Acquisition of civil service eligibility is
the designee security of tenure in the not the sole factor for reappointment. Still to
position or office which he occupies in an be considered by the appointing authority
acting capacity only. are: performance, degree of education, work
 Should the object of Cerillo be her experience, training, seniority, and, more
reinstatement to the position of Board importantly, as in this case, whether or not
Secretary II, the reinstatement prayed for the applicant enjoys the confidence and trust
appears to be impermissible. In the first of the appointing power.
place, Cerillo had already been dismissed  The position of Board Secretary II, by its
from this position for loss of confidence. nature, is primarily confidential, requiring as
She did not contest this dismissal possibly it does "not only confidence in the aptitude
because the position of Board Secretary II is of the appointee for the duties of the office
primarily confidential and the Board of but primarily close intimacy which ensures
Trustees, when finding her, the incumbent to freedom from misgivings of betrayals of
the position, to be wanting in faithfulness personal trust or confidential matters of
and integrity dismissed her for that reason state." In other words, the choice of an
alone. She accepted the dismissal without appointee from among those who possessed
any ripple and when designated as the required qualifications is a political and
Coordinator for Extension Services, she administrative decision calling for
indicated acceptance by performing the acts considerations of wisdom, convenience,
called for by the designation. utility and the interests of the service which
 The quarrel between the private respondents, can best be made by the Head of the office
on the one hand, and the PSCA concerned.
administration, on the other, came about in  It cannot be overemphasized that the PSCA
this manner: The Civil Service Commission, Board Resolution No. 91-026 must yield to
mandating a policy, wrote petitioner Col. the CSC policies on the issuance of
Loleng a letter mandating that temporary temporary appointments. When the CSC
appointments of officers/employees of the directed that temporary appointments were
PSCA were to last only up to December 31, to be effective only up to 1992, it did so in
1992. pursuance of the general purpose of the civil
 The CSC letter was implemented by Col. service law, as stated under Section 2 of RA
Loleng. Objecting thereto, private 2260, as amended, which is "to ensure and
promote the constitutional mandate
regarding appointments only according to (PAFCA) to the Philippine State College of
merit and fitness and to provide within the Aeronautics (PSCA).
public service a progressive system of  We agree with respondent Judge's
personal administration to ensure the disquisition that there was no termination to
maintenance of an honest and efficient speak of. Termination presupposes an overt
progressive and courteous civil service in act committed by a superior officer. There
the Philippines. was none whatsoever in the case at bar. At
 For that matter, CSC is vested with the most, Col. Loleng gave notice to the
function, among others, to promulgate petitioners of the expiration of their
policies, standards and guidelines for the respective contracts. Petitioners appointment
civil service and adopt plans and programs or employment simply expired either by its
to promote economical, efficient and very own terms, or because it may not
effective personnel administration in the exceed one year, but most importantly
government. because the PAFCA was dissolved and
 We hold that reappointment to the position replaced by the PSCA. The notice given by
of Board Secretary II is an act which is Col. Loleng to the petitioners seem to have
discretionary on the part of the appointing been misunderstood by them as an act of
power. Consequently, it cannot be the dismissal which as they correctly state,
subject of an application for a writ of belongs to the Board of Trustees alone.
mandamus.
 Reinstatement is technically issuance of a Matibag v. Benipayo; April 2, 2002; Carpio,
new appointment which is essentially J.
discretionary, to be performed by the officer
in which it is vested according to his best Facts:
lights, the only condition being that the
appointee should possess the qualifications COMELEC en banc appointed Angelina
required by law. Such exercise of the Matibag as "Acting Director IV" of the
discretionary power of appointment cannot Education and Information Department (EID).
be controlled, not even by the Court as long Her appointment was renewed twice in a
as it is exercised properly by the appointing "Temporary" capacity.
authority.
 The order of reinstatement amounts to an President Gloria Macapagal Arroyo appointed,
undue interference by the Court in the ad interim, Alfredo Benipayo as COMELEC
exercise of the discretionary power of Chairman, and Resurreccion Borra and
appointment vested in the PSCA Board Florentino Tuason as COMELEC
Commissioners, each for a term of seven years.
Issue: They all took their oaths. The OP submitted to
WON the termination of the services of private the Commission on Appointments (COA) the ad
respondents was proper and legal – YES interim appointments for confirmation. COA did
not act on said appointments.
Ratio:
Arroyo twice renewed the ad interim
 It is the consequence of the Board of appointments for the same term of seven years.
Trustees' power to appoint. The view of
They took their oaths of office for a second and
respondent Judge, however, is that there was
no termination ordered. Either the third time. The OP transmitted their
employees' contracts lapsed or their appointments to the COA for confirmation twice
temporary appointments were abrogated by as well.
circulars from the CSC. This, as a necessary
consequence of the transition from the
Philippine Air Force College of Aeronautics COMELEC Chairman Benipayo issued a
Memorandum designating Velma Cinco Officer- effect immediately and can no longer be
in-Charge of the EID and reassigning Matibag to withdrawn by the President once the
the Law Department. appointee has qualified into office. The fact
that it is subject to confirmation by the
COMELEC EID Commissioner-in-Charge Commission on Appointments does not alter
Mehol K. Sadain objected to Matibag’s its permanent character. The Constitution
reassignment and questioned Benipayo’s failure itself makes an ad interim appointment
to consult the Commissioner-in-Charge of the permanent in character by making it
EID in the reassignment of Matibag. effective until disapproved by the
Commission on Appointments or until the
Matibag requested Benipayo to reconsider next adjournment of Congress.
reassignment. She cited CSC Memorandum  The ad interim appointee can at once assume
Circular No. 7, reminding heads of government office and exercise, as a de jure officer, all
offices that "transfer and detail of employees are the powers pertaining to the office.
prohibited during the election period."  The term "ad interim appointment", as used
in letters of appointment signed by the
Benipayo denied her citing COMELEC President, means a permanent appointment
Resolution No. 3300 dated November 6, 2000, made by the President in the meantime that
which allows the COMELEC to reassign its Congress is in recess.
personnel when necessary in the effective  An ad interim appointee who has qualified
performance of its mandated functions during and assumed office becomes at that moment
the prohibited period. a government employee and therefore part
of the civil service. He enjoys the
Matibag appealed to the COMELEC and also constitutional protection that "[n]o officer or
filed an administrative and criminal complaint employee in the civil service shall be
with the Law Department against Benipayo. removed or suspended except for cause
provided by law."
During the pendency of her complaint before the  An ad interim appointment can be
Law Department, Matibag also filed an instant terminated for two causes ,which are
petition with the SC questioning the resolutory conditions, specified in the
appointment and the right to remain in office of Constitution: (1) disapproval of his ad
Benipayo, Borra and Tuason. interim appointment by the Commission on
Appointments and (2) adjournment of
Matibag argued the ad interim appointments of Congress without the Commission on
Benipayo, Borra and Tuason violate the Appointments acting on his appointment.
constitutional provisions on the independence of  In this case, the President did in fact appoint
the COMELEC, as well as on the prohibitions permanent Commissioners to fill the
on temporary appointments and reappointments vacancies in the COMELEC, subject only to
of its Chairman and members. confirmation by the Commission on
Appointments. Benipayo, Borra and Tuason
Issue: were extended permanent appointments
WON the ad interim appointments of Benipayo, during the recess of Congress.
 During an election year, Congress normally
Borra and Tuason are valid – Yes
goes on voluntary recess between February
Ratio: and June considering that many of the
members of the House of Representatives
 It is constitutional as it is not in a temporary and the Senate run for re-election. In 2001,
or acting capacity, rather it is a permanent the Eleventh Congress adjourned from
appointment. An ad interim appointment is a January 9, 2001 to June 3, 2001.45
permanent appointment because it takes  Concededly, there was no more time for
Benipayo, Borra and Tuason, who were  a. 1. Where an ad interim appointee to the
originally extended ad interim appointments COMELEC, after confirmation by the
only on March 22, 2001, to be confirmed by Commission on Appointments, serves his
the Commission on Appointments before the full seven-year term. Such person cannot be
May 14, 2001 elections. reappointed to the COMELEC, whether as a
 If Benipayo, Borra and Tuason were not member or as a chairman, because he will
extended ad interim appointments to fill up then be actually serving more than seven
the three vacancies in the COMELEC, there years.
would only have been one division  b. Where the appointee, after confirmation,
functioning in the COMELEC instead of serves a part of his term and then resigns
two during the May 2001 elections. before his seven-year term of office ends.
Considering that the Constitution requires Such person cannot be reappointed, whether
that "all x x x election cases shall be heard as a member or as a chair, to a vacancy
and decided in division", the remaining one arising from retirement because a
division would have been swamped with reappointment will result in the appointee
election cases. Moreover, since under the also serving more than seven years.
Constitution motions for reconsideration  c. Where the appointee is confirmed to serve
"shall be decided by the Commission en the unexpired term of someone who died or
banc", the mere absence of one of the four resigned, and the appointee completes the
remaining members would have prevented a unexpired term. Such person cannot be
quorum, a less than ideal situation reappointed, whether as a member or chair,
considering that the Commissioners are to a vacancy arising from retirement because
expected to travel around the country before, a reappointment will result in the appointee
during and after the elections. also serving more than seven years.
 Further, the President is free to renew the ad  d. Where the appointee has previously
interim appointment of a by-passed served a term of less than seven years, and a
appointee. The prohibition on reappointment vacancy arises from death or resignation.
in Section 1 (2), Article IX-C of the Even if it will not result in his serving more
Constitution applies neither to disapproved than seven years, a reappointment of such
nor by-passed ad interim appointments. A person to serve an unexpired term is also
disapproved ad interim appointment cannot prohibited because his situation will be
be revived by another ad interim similar to those appointed under the second
appointment because the disapproval is final sentence of Section 1 (2), Article IX-C of
under Section 16, Article VII of the the Constitution. This provision refers to the
Constitution, and not because a first appointees under the Constitution
reappointment is prohibited under Section 1 whose terms of office are less than seven
(2), Article IX-C of the Constitution. A by- years, but are barred from ever being
passed ad interim appointment can be reappointed under any situation.
revived by a new ad interim appointment  An ad interim appointment that has lapsed
because there is no final disapproval under by inaction of the Commission on
Section 16, Article VII of the Constitution, Appointments does not constitute a term of
and such new appointment will not result in office. The period from the time the ad
the appointee serving beyond the fixed term interim appointment is made to the time it
of seven years. lapses is neither a fixed term nor an
 Section 1 (2), Article IX-C of the unexpired term. To hold otherwise would
Constitution provides that "[t]he Chairman mean that the President by his unilateral
and the Commissioners shall be appointed x action could start and complete the running
x x for a term of seven years without of a term of office in the COMELEC
reappointment." (Emphasis supplied) There without the consent of the Commission on
are four situations where this provision will Appointments. This interpretation renders
apply:
inutile the confirming power of the period. Thus, Benipayo’s order reassigning
Commission on Appointments. petitioner from the EID to the Law
Department does not violate Section 261 (h)
WON Matibag’s reassignment is legal.—Yes. of the Omnibus Election Code. For the same
reason, Benipayo’s order designating Cinco
Benipayo is the de jure COMELEC Chairman, Officer-in-Charge of the EID is legally
and consequently he has full authority to unassailable.
exercise all the powers of that office for so long
as his ad interim appointment remains effective.
Under Section 7 (4), Chapter 2, Subtitle C, Book APPOINTMENT BY THE PRESIDENT
V of the Revised Administrative Code, the Sarmiento v. Mison; December 17, 1987;
Chairman of the COMELEC is expressly Padilla, J.
empowered on his own authority to transfer or
reassign COMELEC personnel in accordance Facts:
with the Civil Service Law. In the exercise of
The petitioners, who are taxpayers, lawyers,
this power, the Chairman is not required by law
members of the IBP and professors of
to secure the approval of the COMELEC en
Constitutional Law, seek to enjoin the
banc.
respondent Salvador Mison from performing the
 Petitioner’s appointment papers dated functions of the Office of Commissioner of the
February 2, 1999, February 15, 2000 and Bureau of Customs and the respondent
February 15, 2001, attached as Annexes Guillermo Carague, as Secretary of the
"X", "Y" and "Z" to her Petition, Department of Budget, from effecting
indisputably show that she held her Director disbursements in payment of Mison's salaries
IV position in the EID only in an acting or and emoluments, on the ground that Mison's
temporary capacity.64 Petitioner is not a appointment as Commissioner of the Bureau of
Career Executive Service (CES) officer, and Customs is unconstitutional by reason of its not
neither does she hold Career Executive having been confirmed by the Commission on
Service Eligibility, which are necessary
Appointments.
qualifications for holding the position of
Director IV as prescribed in the
Qualifications Standards (Revised 1987)
issued by the Civil Service Commission.65 Issue:
Obviously, petitioner does not enjoy security
of tenure as Director IV. WON Petitioners have legal standing – Does not
 Having been appointed merely in a matter
temporary or acting capacity, and not Ratio:
possessed of the necessary qualifications to
hold the position of Director IV, petitioner  Because of the demands of public interest,
has no legal basis in claiming that her including the need for stability in the public
reassignment was contrary to the Civil service, the Court resolved to give due
Service Law. course to the petition and decide, setting
 Finally, the COMELEC Chairman is the aside the finer procedural questions of
official expressly authorized by law to whether prohibition is the proper remedy to
transfer or reassign COMELEC personnel. test respondent Mison's right to the Office of
The person holding that office, in a de jure Commissioner of the Bureau of Customs
capacity, is Benipayo. The COMELEC en and of whether the petitioners have a
banc, in COMELEC Resolution No. 3300, standing to bring this suit.
approved the transfer or reassignment of
COMELEC personnel during the election
WON The appointment of Mison is valid even Constitutional Commission to determine,
without confirmation of the CoA – YES with more accuracy, if not precision, the
intention of the framers of the 1987
 It is readily apparent that under the Art 7, Constitution and the people adopting it, on
Sec. 16 of the 1987 Constitution there are 4 whether the appointments by the President,
groups of officers whom the President shall under the second, third and fourth groups,
appoint. These four 4 groups, to which we require the consent (confirmation) of the
will hereafter refer from time to time, are: Commission on Appointments
First, the heads of the executive  Thus, in the 1935 Constitution, almost all
departments, ambassadors, other public presidential appointments required the
ministers and consuls, officers of the consent (confirmation) of the Commission
armed forces from the rank of colonel or on Appointments. It is now a sad part of our
naval captain, and other officers whose political history that the power of
appointments are vested in him in this confirmation by the Commission on
Constitution; Appointments, under the 1935 Constitution,
transformed that commission, many times,
Second, all other officers of the into a venue of "horse-trading" and similar
Government whose appointments are malpractices.
not otherwise provided for by law; o On the other hand, the 1973
Constitution, consistent with the
Third, those whom the President may be authoritarian pattern in which it was
authorized by law to appoint; molded and remolded by successive
amendments, placed the absolute
Fourth, officers lower in rank whose power of appointment in the
appointments the Congress may by law President with hardly any check on
vest in the President alone. the part of the legislature.
 Given the above 2 extremes, one, in the
 The first group of officers is clearly
1935 Constitution and the other, in the 1973
appointed with the consent of the
Constitution, it is not difficult for the Court
Commission on Appointments.
to state that the framers of the 1987
Appointments of such officers are initiated
Constitution and the people adopting it,
by nomination and, if the nomination is
struck a "middle ground" by requiring the
confirmed by the Commission on
consent (confirmation) of the Commission
Appointments, the President appoints.
on Appointments for the first group of
 The second, third and fourth groups of
appointments and leaving to the President,
officers are the present bone of contention. without such confirmation, the appointment
Should they be appointed by the President of other officers, i.e., those in the second and
with or without the consent (confirmation) third groups as well as those in the fourth
of the Commission on Appointments? group, i.e., officers of lower rank.
 By following the accepted rule in  The proceedings in the 1986 Constitutional
constitutional and statutory construction that Commission support this conclusion.
an express enumeration of subjects excludes o Section 16. The president shall
others not enumerated, it would follow that nominate and, with the consent of a
only those appointments to positions Commission on Appointment, shall
expressly stated in the first group require the appoint the heads of the executive
consent (confirmation) of the Commission departments and bureaus,
on Appointments. ambassadors, other public ministers
 But we need not rely solely on this basic and consuls, or officers of the armed
rule of constitutional construction. forces from the rank of colonel or
 We can refer to historical background as naval captain and all other officers
well as to the records of the 1986 of the Government whose
appointments are not otherwise the appointment of the Central Bank
provided for by law, and those Governor requires no confirmation by the
whom he may be authorized by law Commission on Appointments, even if he is
to appoint. The Congress may by higher in rank than a colonel in the Armed
law vest the appointment of inferior Forces of the Philippines or a consul in the
officers in the President alone, in the Consular Service.
courts, or in the heads of  But these contrasts, while initially
departments. impressive, merely underscore the purposive
 The above text is almost a verbatim copy of intention and deliberate judgment of the
its counterpart provision in the 1935 framers of the 1987 Constitution that, except
Constitution. When the frames discussed on as to those officers whose appointments
the floor of the Commission the proposed require the consent of the Commission on
text of Section 16, Article VII, a feeling was Appointments by express mandate of the
manifestly expressed to make the power of first sentence in Sec. 16, Art. VII,
the Commission on Appointments over appointments of other officers are left to the
presidential appointments more limited than President without need of confirmation by
that held by the Commission in the 1935 the Commission on Appointments. This
Constitution conclusion is inevitable, if we are to
o On Section 16, I would like to presume, as we must, that the framers of the
suggest that the power of the 1987 Constitution were knowledgeable of
Commission on Appointments be what they were doing and of the foreseable
limited to the department heads, effects thereof.
ambassadors, generals and so on but
not to the levels of bureau heads and
colonels.  Besides, the power to appoint is
 In the course of the debates on the text of fundamentally executive or presidential in
Section 16, there were two (2) major character. Limitations on or qualifications of
changes proposed and approved by the such power should be strictly construed
Commission. These were (1) the exclusion against them. Such limitations or
of the appointments of heads of bureaus qualifications must be clearly stated in order
from the requirement of confirmation by the to be recognized. But, it is only in the first
Commission on Appointments; and (2) the sentence of Sec. 16, Art. VII where it is
exclusion of appointments made under the clearly stated that appointments by the
second sentence of the section from the President to the positions therein
same requirement. enumerated require the consent of the
 It is, therefore, clear that appointments to the Commission on Appointments.
second and third groups of officers can be  In the 1987 Constitution, however, as
made by the President without the consent already pointed out, the clear and expressed
(confirmation) of the Commission on intent of its framers was to exclude
Appointments. presidential appointments from confirmation
 As a result of the innovations introduced in by the Commission on Appointments,
Sec. 16, Article VII of the 1987 except appointments to offices expressly
Constitution, there are officers whose mentioned in the first sentence of Sec. 16,
appointments require no confirmation of the Article VII.
Commission on Appointments, even if such  Consequently, there was no reason to use in
officers may be higher in rank, compared to the third sentence of Sec. 16, Article VII the
some officers whose appointments have to word "alone" after the word "President" in
be confirmed by the Commission on providing that Congress may by law vest the
Appointments under the first sentence of the appointment of lower-ranked officers in the
same Sec. 16, Art. VII. Thus, to illustrate, President alone, or in the courts, or in the
heads of departments, because the power to
appoint officers whom he (the President) appointments, the scope of its original authority
may be authorized by law to appoint is has itself been limited in the new Constitution. I
already vested in the President, without need have to disagree.
of confirmation by the Commission on
Appointments, in the second sentence of the My own reading is that the second sentence is
same Sec. 16, Article VII. but a continuation of the Idea expressed in the
 Therefore, the third sentence of Sec. 16, first sentence and simply mentions the other
Article VII could have stated merely that, in officers appointed by the President who are also
the case of lower-ranked officers, the subject to confirmation. The second sentence is
Congress may by law vest their appointment the later expression of the will of the framers
in the President, in the courts, or in the and so must be interpreted as complementing the
heads of various departments of the rule embodied in the first sentence or, if
government. In short, the word "alone" in
necessary, reversing the original intention to
the third sentence of Sec. 16, Article VII of
exempt bureau directors from confirmation. I
the 1987 Constitution, as a literal import
from the last part of par. 3, section 10, repeat that there were no debates on this matter
Article VII of the 1935 Constitution, appears as far as I know, which simply means that my
to be redundant in the light of the second humble conjecture on the meaning of Section 16
sentence of Sec. 16, Article VII. And, this is as arguable, at least, as the suppositions of the
redundancy cannot prevail over the clear and majority. We read and rely on the same records.
positive intent of the framers of the 1987 At any rate, this view is more consistent with the
Constitution that presidential appointments, general purpose of Article VII, which, to repeat,
except those mentioned in the first sentence was to reduce the powers of the Presidency.
of Sec. 16, Article VII, are not subject to
confirmation by the Commission on However, the records do not show what
Appointments. particular part of Section 16 the committee
 It is evident that the position of chairman was referring to, and a reading in its
Commissioner of the Bureau of Customs (a entirety of this particular debate will suggest that
bureau head) is not one of those within the the body was considering the first sentence of
first group of appointments where the the said section, which I reiterate is not the
consent of the Commission on controversial provision. In any case, although
Appointments is required. Moreover, the the excerpt shows that the proposed amendment
President is expressly authorized by law to
of Commissioner Foz was accepted by the
appoint the Commissioner of the Bureau of
committee, it is not reflected, curiously enough,
Customs as provided in Republic Act No.
1937, otherwise known as the Tariff and in the final version of Section 16 as a perusal
Customs Code of the Philippines. thereof will readily reveal. Whether it was
deleted later in the session or reworded by the
style committee or otherwise replaced for
Cruz Dissent whatever reason will need another surmise on
this rather confused Constitution.
It must be borne in mind that one of the
purposes of the Constitutional Commission was I need only add that the records of the
to restrict the powers of the Presidency and so Constitutional Commission are merely extrinsic
prevent the recurrence of another dictatorship. aids and are at best persuasive only and not
Among the many measures taken was the necessarily conclusive. Interestingly, some
restoration of the Commission on Appointments quarters have observed that the Congress is not
to check the appointing power which had been prevented from adding to the list of officers
much abused by President Marcos. We are now subject to confirmation by the Commission on
told that even as this body was revived to limit Appointments and cite the debates on this matter
in support of this supposition. It is true enough This petition for prohibition questions the
that there was such a consensus, but it is equally constitutionality of the permanent appointments
true that this thinking is not at all expressed, or extended by the President of the Philippines to
even only implied, in the language of Section 16 the respondents Chairman and Members of the
of Article VII. Which should prevail then the NLRC, without submitting the same to the
provision as worded or the debates? Commission on Appointments for confirmation
pursuant to Art. 215 of the Labor Code as
It is not disputed that the power of appointment
amended by said RA 6715.
is executive in nature, but there is no question
either that it is not absolute or unlimited. The
rule re- established by the new Constitution is
Petitioner insists on a mandatory compliance
that the power requires confirmation by the
with RA 6715 which has in its favor the
Commission on Appointments as a restraint on
presumption of validity. RA 6715 is not,
presidential excesses, in line with the system of
according to petitioner, an encroachment on the
checks and balances. I submit it is the exception
appointing power of the executive contained in
to this rule, and not the rule, that should be
Section 16, Art. VII, of the Constitution, as
strictly construed.
Congress may, by law, require confirmation by
In my view, the only officers appointed by the the Commission on Appointments of other
President who are not subject to confirmation by officers appointed by the President additional to
the Commission on Appointments are (1) the those mentioned in the first sentence of Section
members of the judiciary and the Ombudsman 16 of Article VII of the Constitution.
and his deputies, who are nominated by the
The Solicitor General, on the other hand,
Judicial and Bar Council; (2) the Vice-President
contends that RA 6715 which amended the
when he is appointed to the Cabinet; and (3)
Labor Code transgresses Section 16, Article VII
"other officers lower in rank," but only when
by expanding the confirmation powers of the
their appointment is vested by law in the
Commission on Appointments without
President alone. It is clear that this enumeration
constitutional basis
does not include the respondent Commissioner
of Customs who, while not covered by the first Issue:
sentence of Section 16, comes under the second
sentence thereof as I would interpret it and so is WON Congress may, by law, require
also subject to confirmation. confirmation by the Commission on
Appointments of appointments extended by the
Calderon v. Carale; April 23, 1992; Padilla, J. president to government officers additional to
those expressly mentioned in the first sentence
Facts:
of Sec. 16, Art. VII of the Constitution whose
Pursuant to (RA 6715), President Aquino appointments require confirmation by the
appointed the Chairman and Commissioners of Commission on Appointments. – NO
the NLRC representing the public, workers and
employers sectors. The appointments stated that Ratio:
the appointees may qualify and enter upon the  Indubitably, the NLRC Chairman and
performance of the duties of the office. After Commissioners fall within the second
said appointments, then Labor Secretary sentence of Section 16, Article VII of the
Franklin Drilon issued Administrative Order No. Constitution, more specifically under the
161, series of 1989, designating the places of "third groups" of appointees referred to in
assignment of the newly appointed Mison, i.e. those whom the President may be
commissioners. authorized by law to appoint.
 Undeniably, the Chairman and Members of heads of the executive departments
the NLRC are not among the officers and bureaus, officers of the Army
mentioned in the first sentence of Section from the rank of colonel, of the
16, Article VII whose appointments requires Navy and Air Forces from the rank
confirmation by the Commission on of captain or commander, and all
Appointments. other officers of the Government
 To the extent that RA 6715 requires whose appointments are not herein
confirmation by the Commission on otherwise provided for, and those
Appointments of the appointments of whom he may be authorized by law
respondents Chairman and Members of the to appoint; . . .
National Labor Relations Commission, it is  The deliberate limitation on the power of
unconstitutional because: confirmation of the Commission on
o 1) it amends by legislation, the first Appointments over presidential
sentence of Sec. 16, Art. VII of the appointments, embodied in Sec. 16, Art. VII
Constitution by adding thereto of the 1987 Constitution, has undoubtedly
appointments requiring confirmation evoked the displeasure and disapproval of
by the Commission on members of Congress.
Appointments; and  The solution to the apparent problem, if
o 2) it amends by legislation the indeed a problem, is not judicial or
second sentence of Sec. 16, Art. VII legislative but constitutional. A future
of the Constitution, by imposing the constitutional convention or Congress sitting
confirmation of the Commission on as a constituent (constitutional) assembly
Appointments on appointments, may then consider either a return to the 1935
which are otherwise entrusted only Constitutional provisions or the adoption of
with the President. a hybrid system between the 1935 and 1987
constitutional provisions. Until then, it is the
duty of the Court to apply the 1987
 Regretfully, however, the constitutional Constitution in accordance with what it says
infirmity of Sec. 13 of RA 6715 amending and not in accordance with how the
Art. 215 of the Labor Code, insofar as it legislature or the executive would want it
requires confirmation of the Commission on interpreted.
Appointments over appointments of the
Chairman and Member of the NLRC is, as Aytona v. Castillo; January 18, 1962;
we see it, beyond redemption if we are to Bengzon, J.
render fealty to the mandate of the
Constitution in Sec. 16, Art. VII thereof. Facts:
 It can not be overlooked that Sec. 16, Art.
VII of the 1987 Constitution was On December 29, 1961, then President Carlos P.
deliberately, not unconsciously, intended by Garcia appointed Dominador R. Aytona as ad
the framers of the 1987 Constitution to be a interim Governor of the Central Bank. On the
departure from the system embodied in the same day, the latter took the corresponding oath.
1935 Constitution where the Commission on
Appointments exercised the power of On December 30, 1961, at noon, President-elect
confirmation over almost all presidential Diosdado Macapagal assumed office; and on
appointments, leading to many cases of December 31, 1961, he issued AO No. 2
abuse of such power of confirmation. recalling, withdrawing, and cancelling all ad
Subsection 3, Section 10, Art. VII of the interim appointment made by President Garcia
1935 Constitution provided: after December 13, 1961, (date when he,
o 3. The President shall nominate and Macapagal, had been proclaimed elected by the
with the consent of the Commission Congress).
on Appointments, shall appoint the
On January 1, 1962, President Macapagal justices of the peace, mayors, councilors,
appointed Andres V. Castillo as ad interim etc. number 63 of which was that of
Governor of the Central Bank, and the latter Dominador R. Aytona for Governor of the
qualified immediately. Philippines in the Boards of International
Monetary Fund, International Bank for
On January 2, 1962, both appointed exercised Reconstruction and Development, etc.
the powers of their office, although Castillo  A third communication likewise dated
informed Aytona of his title thereto; and some December 29, 1961, addressed to the
unpleasantness developed in the premises of the Commission on Appointments submitted for
Central Bank. However, the next day and confirmation 124 names of persons
thereafter, Aytona was definitely prevented from appointed as judges of first instance,
holding office in the Central Bank. members of provincial boards, and boards of
government corporations, fiscals, justice of
So, he instituted this proceeding which is the peace, even one associate justice of this
practically, a quo warranto, challenging Court occupying position No. 8 and two
Castillo's right to exercise the powers of associate justices of the Court of Appeals (9
Governor of the Central Bank. Aytona claims he and 10) between an assistant of the
was validly appointed, had qualified for the post, Solicitor-General's Office, and the chairman
of the board of tax appeals of Pasay City,
and therefore, the subsequent appointment and
who in turn are followed by judges of first
qualification of Castillo was void, because the
instance, and inserted between the latter is
position was then occupied by him. the name of another associate justice of the
Castillo replies that the appointment of Aytona Court of Appeals.
had been revoked by AO No. 2 of Macapagal  There were other appointments thus
submitted by President Garcia on that date,
Issue: December 29, 1961. All in all, about 350
"midnight" or "last minute" appointments.
WON the new President had power to issue the  President Macapagal is said to have acted
order of cancellation of the ad interim for these and other reasons:
appointments made by the past President, even (1) the outgoing President should have
after the appointees had already qualified. refrained from filling vacancies to give the
new President opportunity to consider
Ratio:
names in the light of his new policies, which
 The record shows that President Garcia sent were approved by the electorate in the last
to the Commission on Appointments — elections;
which was not then in session — a
communication dated December 29, 1961, (2) these scandalously hurried appointments
submitting "for confirmation" ad interim in mass do not fall within the intent and
appointments of assistant director of lands, spirit of the constitutional provision
councilors, mayors, members of the authorizing the issuance of ad interim
provincial boards, fiscals, justices of the appointments;
peace, officers of the army, etc.; and the
name of Dominador R. Aytona as Governor (3) the appointments were irregular,
of the Central Bank occupies number 45, immoral and unjust, because they were
between a justice of the peace and a colonel issued only upon the condition that the
of the Armed Forces. appointee would immediately qualify
 Another communication of President Garcia obviously to prevent a recall or revocation
bearing the same date, submitted a list of ad by the incoming President, with the result
interim appointments of Foreign Affairs that those deserving of promotion or
officers, judges, fiscals, chiefs of police, appointment who preferred to be named by
the new President declined and were by- existing at the time of the appointment and
passed; and where the names are to be submitted by
successor, who may not wholly approve of
(4) the abnormal conditions surrounding the the selections, the President should
appointment and qualifications evinced a be doubly careful in extending such
desire on the part of the outgoing President appointments.
merely subvert the policies of the incoming  Now, it is hard to believe that in signing 350
administration. appointments in one night, President Garcia
exercised such "double care" which was
 Persons mentioned in the communication to required and expected of him; and therefore,
the Commission on Appointments dated there seems to be force to the contention that
December 29, 1961, did not qualify. these appointments fall beyond the intent
 There is evidence that in the night of and spirit of the constitutional provision
December 29, there was a scramble in granting to the Executive authority to
Malacañan of candidates for positions trying issue ad interim appointments.
to get their written appointments or having  Under the circumstances above described,
such appointments changed to more what with the separation of powers, this
convenient places, after some last minute Court resolves that it must decline to
bargaining. disregard the Presidential Administrative
 There was unusual hurry in the issuance of Order No. 2, cancelling such "midnight" or
the appointments — which were not coursed "last-minute" appointments.
through the Department Heads — and in the  Of course, the Court is aware of many
confusion, a woman appointed judge was precedents to the effect that once an
designated "Mr." and a man was designated appointment has been issued, it cannot be
"Madam." reconsidered, specially where the appointee
 One appointee who got his appointment and has qualified. But none of them refer to
was required to qualify, resorted to the rush mass ad interim appointments (three-
of asking permission to swear before a hundred and fifty), issued in the last hours of
relative official, and then never qualified. an outgoing Chief Executive, in a setting
 We are informed, it is Malacañan's practice similar to that outlined herein.
— which we find to be logical — to submit  On the other hand, the authorities admit of
ad interim appointments only when the exceptional circumstances justifying
Commission on Appointments is in session. revocation and if any circumstances justify
 One good reason for the practice is that only revocation, those described herein should fit
those who have accepted the appointment the exception.
and qualified are submitted for confirmation.  Incidentally, it should be stated that the
 Nevertheless, this time, Malacañan underlying reason for denying the power to
submitted its appointments on the same day revoke after the appointee has qualified is
they were issued; and the Commission was the latter's equitable rights.
not then in session; obviously because it  Yet it is doubtful if such equity might be
foresaw the possibility that the incoming successfully set up in the present situation,
President would refuse to submit later the considering the rush conditional
appointees of his predecessor. appointments, hurried maneuvers and other
 As a result, as already adverted to, some happenings detracting from that degree of
persons whose names were submitted for good faith, morality and propriety which
confirmation had not qualified nor accepted form the basic foundation of claims to
their appointments. equitable relief.
 Where, however, as in this case, the  The appointees, it might be argued, wittingly
Commission on Appointments that will or unwittingly cooperated with the stratagem
consider the appointees is different from that to beat the deadline, whatever the resultant
consequences to the dignity and efficiency qualification and competence of private
of the public service. Needless to say, there respondent for the position of Supply Officer I.
are instances wherein not only strict legality,
but also fairness, justice and righteousness DECS Sec: Revoked appointment of Resp. Dela
should be taken into account. Paz. MR Denied
Aquino was thus issued a permanent
APPOINTMENT UNDER CIVIL SERVICE appointment as Supply Officer I by the DECS
QUALIFICATION STANDARD Regional Director Pedro San Vicente effective
October 26, 1987. On the date of effectivity of
Aquino v. CSC and Dela Paz; April 22, 1992; his appointment, petitioner assumed the duties
Medialdea, J. and functions of the position. The said
Facts: appointment was approved by the Civil Service
Regional Office IV
Petitioner Victor A. Aquino, then holding the
position of Clerk II, Division of City Schools of Private respondent appealed to public
San Pablo City, was designated as Officer-in- respondent Civil Service Commission (CSC).
Charge of the Division Supply Office by the CSC: Revoked the appointment of petitioner
DECS Regional Director Saturnino R. Magturo Aquino and restoring private respondent de la
in view of the retirement of the Supply Officer I, Paz to her position as Supply Officer I, DECS,
Mr. Jose I. Aviquivil. Division of San Pablo City under her previously
Prior to such designation, petitioner was approved appointment
designated as Property Inspector and In-Charge Issue:
of the Supply Office performing the duties and
responsibilities of the Supply Officer I WON public respondent Civil Service
Commission committed grave abuse of
Two years thereafter, the Division discretion in revoking the appointment of
Superintendent of City Schools of San Pablo petitioner Victor A. Aquino as Supply Officer I
City, Milagros Tagle, issued a promotional in the DECS Division of San Pablo City as it
appointment to private respondent Leonarda D. found private respondent Leonarda de la Paz
de la Paz as Supply Officer I in the DECS better qualified. - NO
Division of San Pablo City. compensation and
benefits therefor. Ratio:

At the time of her appointment, private  We have consistently applied the doctrine in
respondent was then holding the position of Luego v. CSC in many cases with similar
Clerk II, Division of City Schools of San Pablo factual circumstances, but we see no
City. From August 25, 1976 to September 1983, compelling reason to apply the same in the
she was designated as Assistant to the Supply instant case. In the cases cited above, We
Officer. The Civil Service Regional Office IV ruled that the CSC has no authority to
revoke an appointment simply because it
approved her appointment as permanent
(CSC) believed that another person is better
"provided that there is no pending administrative
qualified than the appointee for it would
case against the appointee, no pending protest constitute an encroachment on the discretion
against the appointment, nor any decision by solely vested on the appointing authority.
competent authority that will adversely affect  The situation is different as in the instant
the approval of (the) appointment" case, where the CSC revoked the
appointment of the successful protestant,
One month after, petitioner filed a protest with
petitioner herein, principally because the
the DECS Secretary questioning the
right to security of tenure of the prior previously approved appointment
appointee, private respondent herein, to the considering that she meets the prescribed
contested position had already attached qualification standards required of the
 It must be noted that public respondent CSC position of Supply Officer I and the
did not direct the appointment of a substitute appropriate civil service eligibility, to wit:
of its choice. It merely restored the o EDUCATION: Bachelor's degree
appointment of private respondent who was with training in Supply Management
first appointed to the contested position. o EXPERIENCE: None required
o ELIGIBILITY: Supply Officer;
Career Service (Professional)
 The records show that private respondent  It is well-settled that once an appointment is
was issued a permanent appointment on issued and the moment the appointee
September 19, 1986 as Supply Officer I in assumes a position in the civil service under
the DECS Division of San Pablo City a completed appointment, he acquires a
effective September 30, 1986. legal, not merely equitable right (to the
o On the basis of the of said position), which is protected not only by
appointment which was approved by statute, but also by the Constitution, and
the Civil Service Regional Office cannot be taken away from him either by
No. IV, private respondent assumed revocation of the appointment, or by
and performed the duties and removal, except for cause, and with previous
functions of the position as Supply notice and hearing
Officer I and received the  There is thus reasonable ground for the rule
compensation and benefits of the that the moment the discretionary power of
said position in accordance with the appointment has been exercised and the
mandate of Section 9 par.(h) of the appointee assumed the duties and functions
Civil Service Law. of the position, the said appointment cannot
o In consonance with the doctrine laid be revoked by the appointing authority on
down in Villanueva v. Balallo, that the ground merely that the protestant is more
an appointment is complete when qualified than the first appointee, subject
the last act required of the however to the condition that the first
appointing power has been appointee should possess the minimum
performed, but later qualified in qualifications required by law.
Favis v. Rupisan, that the acts of the  Otherwise, the security of tenure guaranteed
head of a department or office by Article IX-B, Section 2 par. (3) of the
making the appointment and the 1987 Constitution would be rendered
Commissioner of Civil Service meaningless if the appointing authority is
acting together, though not allowed to flip-flop in exercising its
concurrently, but consecutively, are discretionary power of appointment.
necessary to make an appointment  We have defined the concept of "for cause"
complete, the permanent in connection with removal of public
appointment extended to private officers in the case of De los Santos v.
respondent, under the circumstances Mallare, as follows: "It means for reasons
of the case, is deemed complete. As which the law and sound public policy
such, she is entitled to the protection recognized as sufficient warrant for removal,
of the law against unjust removal. that is legal cause, and not merely causes
which the appointing power in the exercise
 The conclusion of respondent Commission of discretion may deem sufficient.
in the questioned decision that private  It is implied that officers may not be
respondent is more qualified than petitioner removed at the mere will of those vested
merely supports the validity of the with the power of removal, or without any
restoration of private respondent to her
cause. Moreover, the cause must relate to qualified for and began to exercise the duties
and affect the administration of the office, and functions of the position.
and must be restricted to something of a
substantial nature directly affecting the On June 1, 1950, Gil R. Mallare was extended
rights and interests of the public." an ad interim appointment by the President to
 The ground relied upon by petitioner in his the same position, after which, on June 3, the
protest that he is more qualified than private Undersecretary of the Department of Public
respondent in terms of education, experience Works and Communications directed Santos to
and training does not fall within the meaning report to the Bureau of Public Works for another
of "for cause" contemplated by Article IX- assignment. Santos refused to vacate the office,
B, Section 2 par. (3) of the 1987 and when the City Mayor and the other officials
Constitution which would warrant the named as Mallare's co-defendants ignored him
revocation, if not removal, of the
and paid Mallare the salary corresponding to the
appointment of private respondent. Neither
position, he commenced a quo warranto
does it fall under the grounds of appeal
contemplated under Section 19 par. (6) of questioning the legality of the appointment of
the Civil Service Law (P.D. 807). Therefore, respondent Gil R. Mallare to the office of city
the protest of petitioner did not adversely engineer.
affect the approval of the appointment of
Issue:
private respondent
 Even on the assumption that the revocation WON The removal of Petitioner Santos was
of private respondent's appointment was legal –
validly exercised by DECS Secretary
Quisumbing, still the appointment extended Ratio:
to petitioner was tainted with irregularity as
it was issued before the finality of the  Petitioner: Under the Constitution he cannot
decision on the protest in violation of CSC be removed against his will and without
Resolution No. 83-343 which prohibits the cause. Article XII of the Constitution,
issuance of an appointment to protestant section 4 of which reads: “No officer or
(petitioner) if the protest case is not yet employee in the Civil Service shall be
finally resolved, since there is no vacancy in removed or suspended except for cause as
the position pending resolution of the protest provided by law.”
case.
 There can be no appointment to a non-  The City Engineer of Baguio "belongs to the
vacant position. unclassified service."
 The incumbent must first be legally  Lacson v Romero (J. Montemayor): Officers
removed or his appointment validly or employees in the unclassified as well as
terminated. An appointment to an office those in the classified service are protected
which is not vacant is null and void ab initio. by the above-cited provision of the organic
law
De Los Santos v. Mallare; August 31, 1950; o However, there is this difference
Tuazon, J. between the Lacson case and the
case at bar: Section 2545 of the
Facts: Revised Administrative Code,
which falls under Chapter 61
Eduardo de los Santos, the petitioner, was entitled "City of Baguio," authorizes
appointed City Engineer of Baguio on July 16, the Governor General (now the
1946, by the President, appointment which was President) to remove at pleasure any
confirmed by the Commission on Appointments of the officers enumerated therein,
on August 6, and on the 23rd of that month, he one of whom is the city engineer.
rights and interests of the
Is this provision still in force? public."(43 Am. Jur., 47, 48.)
 Reconsideration of the decision in Lacson
 Section 2 of Article XVI of the Constitution vs. Romero as far as officers in the
declares that "All laws of the Philippine unclassified service are concerned is urged.
Islands shall continue in force until the It is contended that only officers and
inauguration of the Commonwealth of the employees in the classified service should be
Philippines; thereafter, such laws shall brought within the purview of Article XII of
remain operative, unless inconsistent with the Constitution.
this Constitution, until amended, altered,  Article XII, Section 1: “A Civil Service
modified, or repealed by the Congress of the embracing all branches and subdivisions of
Philippines, . . . ." the Government shall be provided by law.
 It seems plain beyond doubt that the Appointments in the Civil Service, except as
provision of section 2545 of the Revised those which are policy-determining,
Administrative Code, he (Governor-General primarily confidential or highly technical in
now President) may remove at pleasure any nature, shall be made only according to
of the said appointive officers," is merit and fitness, to be determined as far as
incompatible with the constitutional practicable by competitive examination.”
inhibition that "No officer or employee in  The first clause is a definition of the scope
the Civil Service shall be removed or of Civil Service, the men and women which
suspended except for cause as provided by section 4 protects.
law." The two provisions are mutually  It seems obvious from that definition that
repugnant and absolutely irreconcilable. One the entire Civil Service is contemplated,
in express terms permits what the other in except positions "which are policy-
similar terms prohibits. determining, primarily confidential or highly
 The Constitution leaves it to the Congress to technical in nature.
provide for the cause of removal, and it is o Theory is confirmed by the
suggested that the President's pleasure is enactment of Commonwealth Act
itself a cause No. 177 on November 30, 1936 to
o The phrase "for cause" in implement Article XII of the
connection with the removals of Constitution.
public officers has acquired a o CA No. 177: Explains Civil Service
well-defined concept: "It means almost in the identical words of that
for reasons which the law and article of the organic law. As a
sound public policy recognized contemporaneous construction, this
as sufficient warrant for Act affords an index to the meaning
removal, that is, legal cause, and of Civil Service as conceived by the
not merely causes which the framers of the Constitution. "
appointing power in the exercise o The principle of contemporaneous
of discretion may deem construction may be applied to the
sufficient. It is implied that construction given by the legislature
officers may not be removed at to the constitutional provisions
the mere will of those vested dealing with legislative powers and
with the power of removal, or procedure. Though not conclusive,
without any cause. Moreover, such interpretation is generally
the cause must relate to and conceded as being entitled to great
affect the administration of the weight."
office, and must be restricted to  We are led to the same conclusion by the
something of a substantial existing provisions at the time of the
nature directly affecting the adoption of the Constitution. Civil Service
as embracing both classes of officers and unsound even if the case be approached
employees possessed definite legal and from this angle. It contains its own
statutory meaning when the Constitution refutation. The Constitution and the law
was approved. implementing it afford adequate safeguards
 Section 670 of the Revised Administrative against such consequences as have been
Code already provided that "Persons in the painted.
Philippine civil service pertain either to the  The argument proceeds, contrary to its
classified service," and went on to say that context, on the assumption that removals of
"The classified service embraces all not civil service officers and employees are
expressly declared to be in the unclassified absolutely prohibited, which is not the case.
service." Then section 671 described The Constitution authorizes removals and
persons in the unclassified service as only requires that they be for cause. And the
"officers, other than the provincial treasurers occasions for removal would be greatly
and assistant directors of bureaus or offices, diminished if the injunction of section 1 of
appointed by the President of the Article XII of the Constitution — that
Philippines, with the consent of the appointments in the civil service shall be
Commission on Appointments of the made only according to merit and fitness, to
National Assembly, and all other officers of be determined as far as practicable by
the government whose appointments are by competitive examination — would be
law vested in the President of the adhered of meticulously in the first place.
Philippines alone."  Three specified classes of positions —
 The rules of the construction inform us that policy-determining, primarily confidential
the words used in the constitution are to be and highly technical — are excluded from
given the sense they have in common use. It the merit system and dismissal at pleasure of
has been said that we must look to the officers and employees appointed therein is
history of the times, examine the state of allowed by the Constitution. These positions
things existing when the Constitution was involved the highest degree of confidence,
framed and adopted, and interpret it in the or are closely bound out with and dependent
light of the law then in operation. on other positions to which they are
 Attention is drawn to supposed subordinate, or are temporary in nature. It
inconveniences of tying the hands of the may truly be said that the good of the
appointing power in changing and shifting service itself demands that appointments
officers in the unclassified service. coming under this category determinable at
 "If — it is argued — all important officers the will of the officer that makes them.
and employees of the government falling
within the unclassified service as The office of city engineer is neither primarily
enumerated in section 671 of the Revised confidential, policy-determining, nor highly
Administrative Code as amended by technical.
Commonwealth Act No. 177, may not be
removed by the President except for cause  Every appointment implies confidence, but
as provided by law, . . . the President would much more than ordinary confidence is
be seriously crippled in the discharge of the reposed in the occupant of a position that is
grave duty and responsibility laid upon him primarily confidential. The latter phrase
by the Constitution to take care that the laws denotes not only confidence in the aptitude
faithfully executed." of the appointee for the duties of the office
 Questions of expediency are, of course, but primarily close intimacy which insures
beyond the province of the court to take into freedom of intercourse without
account in the interpretation of laws or of embarrassment or freedom from misgivings
the Constitution where the language is of betrayals of personal trust or confidential
otherwise clear. But the argument is matters of state.
 Nor is the position of city engineer policy- appointment under section 2545 of the
determining. A city engineer does not Revised Administrative Code, the petitioner
formulate a method of action for the must be deemed to have accepted the
government or any its subdivisions. His job conditions and limitations attached to the
is to execute policy, not to make it. With appointment. If the clause of section 2545
specific reference to the City Engineer of which authorized the President to remove
Baguio, his powers and duties are carefully officers of the City of Baguio at pleasure
laid down for him be section 2557 of the had been abrogated when petitioner's
Revised Administrative Code and are appointment was issued, the appointee
essentially ministerial in character. cannot presumed to have abided by this
 Finally, the position of city engineer is condition.
technical but not highly so. A city engineer
is not required nor is he supposed to possess
a technical skill or training in the supreme or Tria v. Sto Tomas; July 31, 1991; Feleciano,
superior degree, which is the sense in which J.
"highly technical" is, we believe, employed Facts:
in the Constitution. There are hundreds of
technical men in the classified civil service Petitioner Rogelio A. Tria had been employed
whose technical competence is not lower with the Bureau of Intelligence and Investigation
than that of a city engineer. As a matter of later renamed Finance Ministry Intelligence
fact, the duties of a city engineer are Bureau (FMIB) now known as the Economic
eminently administrative in character and Intelligence and Investigation Bureau (EIIB) of
could very well be discharged by non-
the Department of Finance, as a Management
technical men possessing executive ability.
and Audit Analyst I, a position expressly
 We are not declaring any part of section
2545 of the Revised Administrative Code described in the letter of appointment as
unconstitutional. "confidential." The appointment was signed by
 What we declare is that the particular Pelagio A. Cruz, Lieutenant General, AFP (Ret)
provision thereof which gave the Chief Commissioner, FMIBI."
Executive power to remove officers at
Petitioner wrote a confidential report to the
pleasure has been repealed by the
FMIB Deputy Commissioner detailing the
Constitution and ceased to be operative from
the time that instrument went into effect. nonfeasance of a FMIB lawyer assigned to
 A law that has been repealed is as good as if Region 5.
it had never been enacted, and cannot, in the Petitioner's report recommended the lawyer's
nature of things, contravene or pretend to replacement "With a competent and able lawyer
contravene constitutional inhibition. So,
to handle the cases brought to his attention." On
unlike legislation that is passed in defiance
of the Constitution, assertive and menacing, 14 October 1986, petitioner submitted another
the questioned part of section 2545 of the confidential report, addressed to the Deputy
Revised Administrative Code does not need Executive Secretary, Office of the President, this
a positive declaration of nullity by the court time concerning Col. Jackson P. Alparce (Ret.).
to put it out of the way. To all intents and FMIB Region 5 Director.
purposes, it is non-existent, outlawed and
eliminated from the statute book by the Tria filed an application for vacation leave for
Constitution itself by express mandate 100 working days, covering the period 1
before this petitioner was appointed. November 1986 to 30 April 1987. He sought to
take advantage of a Civil Service circular which
allows employees who propose to seek interim
 Incidentally, the last discussion answers and employment abroad, to go on prolonged leave of
disposes of the proposition that in accepting
absence without pay without being considered November 1986 for continuous absence without
separated from the service. The application was official leave and for loss of confidence."
approved by his immediate supervisor and
It was upon his return to the country in May
Chief, Intelligence and Investigation Service,
1987 that Tria came to know of the
Col. Ruperto Amistoso (Ret.), and the personnel
abovementioned Letter-Order and of the two
officer, Col. Domingo Rodriguez (Ret.), both
Memoranda. In a letter to respondent Almonte,
based in the Region 5 office of the FMIB.
Tria asked for reinstatement, stating that his
When Tria was already in Manila attending to application for vacation leave had been
the processing of his travel papers, a approved by his immediate chief and the
Memorandum was sent to him in Legaspi City personnel officer.- Denied by Rabina
from the FMIB Central Office in Quezon City
Tria then filed a petition for review with prayer
by respondent Assistant FMIB Commissioner
for reinstatement and backwages before
Brig. Gen. Miguel Villamor (Ret.), referring to
respondent CSC which it denied. |CSC| the grant
the confidential report sent out to the Office of
of Tria's application for vacation leave,
the President. The Memorandum in part stated:
notwithstanding the accumulation of sufficient
As an agent of FMIB, it is inherent in leave credits, was discretionary on the part of
your duties to report to the Rabina, the approving official
Commissioner or other authorities of
FMIB of any irregularity committed by Issue:
employees/officials in that Region to WON an employee holding a position
enable them to take appropriate considered as primarily confidential may be
action/investigation and/or disciplinary dismissed on grounds of loss of confidence by
action. the appointing authority on the basis of the
employee's having gone on unauthorized leave
However, you opted to submit report
of absence and of his having filed a confidential
directly to the Office of the President,
report on one of his superiors directly with the
which adversely affected the Bureau's
Office of the President. – NO
image and placed the Commissioner in
an embarrasing position.  We begin with the proposition that the
effects of characterizing a position as
In view thereof, you are required to
"primarily confidential" are two-fold:
submit your explanation in writing
o firstly, such characterization renders
within 5 working days from receipt why inapplicable the ordinary
no disciplinary action should be taken requirement of filling up a position
against you for non-compliance with in the Civil Service on the basis of
office rules merit and fitness as determined by
competitive examinations; and
o secondly, while the 1987
Tria, however, had already left the country and Constitution does not exempt such
was unable to comply with the express directives positions from the operation of the
principle set out in Article IX (B),
of the second Memorandum. He was therefore
Section 2 (3) of the same
considered to be on AWOL. This prolonged
Constitution that "no officer or
absence, as well as his failure to explain his employee of the Civil Service shall
sending out the confidential report, prompted be removed or suspended except for
respondent EIIB Commissioner Brig Gen. Jose cause provided by law," the "cause
Almonte (Ret.) to issue a letter informing Tria of
the termination of his services retroactive to "1
provided by law" includes "loss of  The actual duties and functions of Tria as a
confidence.” "Management and Audit Analyst I" in the
 It is said to be a settled rule that those FMIB, as set out in the job description of
holding primarily confidential positions that position, one is struck by the ordinary
"continue for so long as confidence in them and day to day character of such duties and
endures. Their termination can be justified functions:
on the ground of loss of confidence because o Prepares required survey materials,
in that case their cessation from office work plans and schedules; gathers
involves no removal but the expiration of data and makes investigations and
their term of office. Notwithstanding the analyzes (sic) of administrative
refined distinction between removal from problems relating to organization,
office and expiration of the term of a public personnel and procedure;
officer, the net result is loss of tenure upon supplements data gathered by
loss of confidence on the part of the interviewing heads of office or
appointing power. private individuals or by observing
 A position in the Civil Service may be actual operations; examines and
considered primarily confidential: analyzes reorganization proposals in
(1) when the President of the the light gathered and facts
Philippines, upon recommendation of observed; analyzes causes of
the Civil Service Commission, has inefficiency or lack of economy,
declared that position to be primarily undertakes required study and
confidential; or research; prepares survey reports
and write (sic) drafts of tentative
(2) when the position, given the organization plans, discusses and
character of the duties and functions justifies such plans to supervisor
attached to it, is primarily confidential in and appropriate bodies; maintains
nature. close liaison work with head of
offices or organizations studies
 All positions in the EIIB were apparently operational methods and procedures
declared as "highly confidential" by former of the organization to simplify the
President Marcos in Letter of work and improve efficiency;
Implementation No. 71, dated 4 September studies and recommends measures
1978, which reads in part as follows to insure industrial safety and
 Pursuant to PD1458, dated June 11, 1978, prevention of accidents; supervises
and letter dated August 18, 1978 of the the installation of management
President/Prime Minister creating the control devices; assists in the
Bureau of Intelligence and Investigation compilation, analysis and
(BII) [now the EIIB], the following interpretation of important statistics
directives are hereby issued for immediate for use of management.
implementation by the new Bureau:  The positions which this Court has in the
4. The Commissioner of the BII with the past characterized as "primarily
approval of the Ministry of Finance, is confidential" include: private secretaries of
hereby instructed to organize and public functionaries; a security officer
appoint his staff . . . All positions in the assigned as bodyguard of the person of a
BII are highly confidential in nature and public officer and responsible for taking
security measures for the safety of such
incumbents thereof may be removed for
official, City Legal Officer of Davao City
loss of confidence by appropriate vis-a-vis the Davao City Mayor; Provincial
authority. Attorney of Iloilo Province vis-a-vis the
Governor of Iloilo Province. It is also
instructive to refer to some of the positions
which the Court has refused to designate as o In the case at bar, the EIIB issued a
"primarily confidential:" e.g., members of Memorandum to Tria, after he was
the Customs Police Force or Port Patrol; already in Manila, requiring him to
Special Assistant to the Governor of the explain why no disciplinary action
Central Bank, in charge of the Export should be taken against him, which
Department; Senior Executive Assistant, Memorandum was not received by
Clerk I and Supervising Clerk I and Tria. However, after his return from
stenographer in the Office of the President. abroad and upon request of Tria,
 The duties of Tria related to the study and another investigation was conducted
analysis of organizational structures and by the EIIB where Tria had an
procedures, with the end in view of making opportunity to explain his side of the
recommendations designed to increase the matter. The Court considers that the
levels of efficiency and coordination within subsequent investigation constituted
the organization so analyzed. substantial compliance with the
 Moreover, the modest rank and fungible demands of procedural due process.
nature of the position occupied by Tria, is  In the instant case, Tria was charged with
underscored by the fact that the salary violation of official rules and regulations
attached to it was no more than P1,500.00 a consisting of:. (1) having gone on an
month at the time he went on leave. There extended unauthorized leave of absence; (2)
thus appears nothing to suggest that Tria's having bypassed official channels in
position was "highly" or even "primarily transmitting a report concerning alleged
confidential" in nature. The fact that Tria misfeasance or non-feasance on the part of a
may, sometimes, handle "confidential superior officer of the EIIB directly to the
matters" or papers which are confidential in Office of the President through the Deputy
nature, does not suffice to characterize their Executive Secretary, rather than through the
positions as primarily confidential. respondent EIIB Commissioner.
 Accordingly, Tria's particular position of  While Tria was probably precipitate in
"Management and Audit Analyst I" is not a leaving for abroad before his application for
"primarily confidential" position so as to vacation leave was formally approved by the
render him removable upon, or the FMIB Central Office in Quezon City, his
expiration of his term of office concurrent application for leave without pay had been
with, "loss of confidence" on the part of the approved or indorsed for approval by his
appointing power who was the then immediate superior in the FMIB, Region 5
Commissioner of the FMIB. Office, and so he was not completely
 If Tria was not legally removable upon "loss without basis in believing that the formal
of confidence" on the part of the FMIB approval of his application in the FMIB
Commissioner, was there nonetheless legal Central Office would follow as a matter of
cause provided by law for his dismissal from course.
the service?  The extreme penalty of dismissal from the
o We believe that the constitutional service was unduly harsh in the case of
prohibition against suspension or petitioner; a suspension for 30 days would
dismissal of an officer or employee have been more than adequate.
of the Civil Service "except for  The act of Tria did not constitute lawful
cause provided by law" is a cause for his dismissal from the service. We
guaranty of both procedural and believe, on the contrary, that Tria's case is
substantive due process. Procedural covered by the rule in Gray v. De Vera.
due process requires that suspension  In the case at bar, we note that Tria sent his
or dismissal come, as a general rule, confidential (and presumably sealed) report
only after notice and hearing. to an office having overall administrative
supervision and control over the FMIB (i.e.,
the Office of the President); the report was Petitioner Simplicio Griño assumed office as the
not, in other words, sent either to the media newly elected governor of Iloilo. One month
or to an office or agency having no later, he informed respondent Arandela and all
administrative jurisdiction over the public the legal officers at the Provincial Attorney's
official or office complained of. That report Office about his decision to terminate their
was a privileged communication and the services. In his letter, petitioner Griño made
author thereof enjoys the benefit of the
mention of an article pertaining to the Iloilo
presumption that he acted in good faith.
office of the Provincial Attorney which appeared
 The respondents have not alleged that Tria
acted with malice in fact. We do not believe in the Panay News and which "undermined that
that Tria's act constituted serious misconduct trust and confidence" that he reposed on them.
but rather, on the contrary, was an act of Petitioner Demaisip was reappointed by
personal and civic courage by which Tria Governor Griño as the Provincial Attorney, The
exhibited his loyalty to the FMIB as an latter, on the other hand, arranged the
institution and ultimately to the Government replacements of the other legal officers.
 Considerations of fundamental public policy Respondent Cirilo Gelvezon was replaced by
thus compel us to hold that Tria was petitioner Santos Aguadera, respondent Nelson
dismissed without lawful cause and must, Geduspan was replaced by petitioner Manuel
therefore, be reinstated to the position he Casumpang and petitioner Manuel Traviña took
previously held or, If that position is no the place of respondent Teodolfo Dato-on.
longer available, to some other position in
the EIIB of equivalent rank and Governor Griño formally terminated the services
emoluments. In addition, Tria is entitled to of the respondents herein on the ground of loss
payment of his backwages. of trust and confidence. This action taken by the
governor was appealed by respondents to the
Griño v. CSC; February 26, 1991; Gancayco, Merit Systems Protection Board of the Civil
J. Service Commission.

Facts: MSPB declared the termination illegal. CSC


Affirmed MSPB.
Petitioner Sixto Demaisip was the first
appointed Provincial Attorney of Iloilo. He held Issue:
this position from April 3, 1973 up to June 2, WONthe position of a provincial attorney and
1986 when he offered to resign and his those of his legal subordinates are primarily
resignation was accepted by the then Acting confidential in nature so that the services of
Governor. those holding the said items can be terminated
In his resignation letter, petitioner Demaisip upon loss of confidence.
recommended the elevation of respondent Ratio:
Teotimo Arandela from Senior Legal Officer to
Provincial Attorney. OIC Governor Licurgo  The position of provincial attorney is
Tirador later on decided to appoint respondent confidential. However, his subordinates are
Arandela as the Provincial Attorney. Respondent NOT confidential.
Cirilo Gelvezon, on the other hand, was  A confidential position is “one requiring that
promoted from Legal Officer II to Senior Legal utmost confidence on the part of the mayor
be extended to said officer. The relationship
Officer. Respondents Teodolfo Dato-on and
existing between a lawyer and his client,
Nelson Geduspan were appointed to the position
whether a private individual or a public
of Legal Officer II. officer, is one that depends on the highest
degree of trust that the latter entertains for
the counsel selected. x x x It is to be Civil Service Commission cannot conceal or
understood of course that officials and alter its highly confidential nature. To rule
employees holding primarily confidential otherwise would be tantamount to
positions continue only for so long as classifying two positions with the same
confidence in them endures. nature and functions in two incompatible
 The termination of their official relation can categories.
be justified on the ground of loss of  The attorney-client relationship is strictly
confidence because in that case their personal because it involves mutual trust and
cessation from office involves no removal confidence of the highest degree,
but merely the expiration of the term of irrespective of whether the client is a private
office. person or a government functionary. The
 The main difference between the primary personal character of the relationship
confidential officer and the fixed term prohibits its delegation in favor of another
officer is that the latter's term is fixed or attorney without the client's consent.
definite, whereas that of the former is not
pre-fixed, but indefinite, at the time of his
appointment or election, and becomes fixed  RE: delegated work of government lawyers:
and determined when the appointing power Distinguish positions in the civil service
expresses its decision to put an end to the where lawyers act as counsel in confidential
services of the incumbent. When this event and non-confidential positions by simply
takes place, the latter is not removed or looking at the PROXIMITY OF THE
dismissed from office — his term merely POSITION in question in relation to that of
expired. the appointing authority. Occupants of such
 Where the position partakes of the attributes positions would be considered confidential
of being both technical and confidential, employees if the predominant reason they
there can be no insistence of a fixed or a were chosen by the appointing authority is
definite term if the latter aspect the latter's belief that he can share a close
predominates. To paraphrase the language of intimate relationship with the occupant
the Chief Justice in the opinion previously which measures freedom of discussion,
cited, the incumbent of a primarily without fear of embarrassment or misgivings
confidential position, as was the case of of possible betrayal of personal trust on
petitioner, should realize that at any time the confidential matters of state.
appointing power may decide that his  There is no need to extend the professional
services are no longer needed. (Besa v PNB) relationship to the legal staff which assists
 The positions of city legal officer and the confidential employer above described.
provincial attorney were created under Since the positions occupied by these
Republic Act No. 5185 which categorized subordinates are remote from that of the
them together as positions of “trust.” Said appointing authority, the element of trust
functions clearly reflect the highly between them is no longer predominant.
confidential nature of the two offices and the Their positions are highly technical in
need for a relationship based on trust character and not confidential, so they are
between the officer and the head of the local permanent employees, and they belong to
government unit he serves. The "trusted the category of classified employees under
services" to be rendered by the officer would the Civil Service Law.
mean such trusted services of a lawyer to his
client which is of the highest degree of trust CSC and PAGACOR v. Salas; June 19, 1997;
 The fact that the position of respondent Regalado, J.
Arandela as provincial attorney has already
been classified as one under the career Facts:
service and certified as permanent by the
On October 7, 1989, respondent Salas was WON Salas is a confidential employee – NO
appointed by the PAGCOR Chairman as Internal
Ratio:
Security Staff (ISS) member and assigned to the
casino at the Manila Pavilion Hotel. However, PET Argues: Salas, as a member of the Internal
his employment was terminated by the Board of Security Staff of PAGCOR, is a confidential
Directors of PAGCOR on December 3, 1991, employee for several reasons, viz.:
allegedly for loss of confidence, after a covert
investigation conducted by the Intelligence (1) Presidential Decree No. 1869 creating the
Division of PAGCOR. PAGCOR expressly provides under Section 16
thereof that all employees of the casinos and
The summary of intelligence information related services shall be classified as
claimed that respondent was allegedly engaged confidential appointees;
in proxy betting as detailed in the affidavits
purportedly executed by two customers of (2) In the case of the PAGCOR v. CA, et al. The
PAGCOR who claimed that they were used as Supreme Court has classified PAGCOR
gunners on different occasions by respondent. employees as confidential appointees;
The two polygraph tests taken by the latter also (3) CSC Resolution No. 91-830, dated July 11,
yielded corroborative and unfavorable results. 1991, has declared employees in casinos and
Salas submitted a letter of appeal to the related services as confidential appointees by
Chairman and the Board of Directors of operation of law; and
PAGCOR, requesting reinvestigation of the case (4) Based on his functions as a member of the
since he was not given an opportunity to be ISS, private respondent occupies a confidential
heard, but the same was denied. position.
Merit Systems Protection Board (MSPB) which RESP Argues: it is the actual nature of an
denied the appeal on the ground that, as a employee's functions, and not his designation or
confidential employee, respondent was not title, which determines whether or not a position
dismissed from the service but his term of office is primarily confidential, and that while
merely expired. On appeal, the Presidential Decree No. 1869 may have declared
CSC issued Resolution No. 92-1283 which all PAGCOR employees to be confidential
affirmed the decision of the MSPB. appointees, such executive pronouncement may
be considered as a mere initial determination of
CA rendered its questioned decision with the the classification of positions which is not
finding that respondent Salas is not a conclusive in case of conflict, in light of the
confidential employee, hence he may not be ruling enunciated in Tria vs. Sto. Tomas
dismissed on the ground of loss of confidence.
 Section 2, Rule XX of the Revised Civil
In so ruling, the appellate court applied Service Rules, promulgated pursuant to the
the "proximity rule" enunciated in the provisions of Section 16(e) of Republic Act
case of Grino, et al. vs. Civil Service No. 2260 (Civil Service Act of 1959), which
Commission, et al. It likewise held that was then in force when Presidential Decree
Section 16 of Presidential Decree No. No. 1869 creating the PAGCOR was passed,
1869 has been superseded and repealed provided that "upon recommendation of the
by Section 2(1), Article IX-B of the Commissioner, the President may declare a
1987 Constitution. position as policy-determining, primarily
confidential, or highly technical in nature."
Issue:
 It appears that Section 16 of Presidential provisions of Section 2, Rule XX of the
Decree No. 1869 was predicated thereon, implementing rules of the Civil Service Act
with the text thereof providing as follows: of 1959,
o "All positions in the corporation, o the power to declare a position as
whether technical, administrative, policy-determining, primarily
professional or managerial are confidential or highly technical as
exempt from the provisions of the defined therein has subsequently
Civil Service Law, rules and been codified and incorporated in
regulations, and shall be governed Section 12(9), Book V of Executive
only by the personnel management Order No. 292. This later enactment
policies set by the Board of only serves to bolster the validity of
Directors. All employees of the the categorization made under
casinos and related services shall be Section 16 of Presidential Decree
classified as 'confidential' No. 1869. Be that as it may, such
appointees." classification is not absolute and all-
 On the strength of this statutory declaration, encompassing.
petitioner PAGCOR terminated the services  Prior to the passage of the Civil Service Act
of respondent Salas for lack of confidence of 1959, there were two recognized
after it supposedly found that the latter was instances when a position may be considered
engaged in proxy betting. primarily confidential:
 In upholding the dismissal of respondent o Firstly, when the President, upon
Salas, the CSC ruled that he is considered a recommendation of the
confidential employee by operation of law, Commissioner of Civil Service, has
hence there is no act of dismissal to speak of declared the position to be primarily
but a mere expiration of a confidential confidential; and,
employee's term of office, such that a o secondly in the absence of such
complaint for illegal dismissal will not declaration, when by the nature of
prosper in this case for lack of legal basis. the functions of the office there
 Court of Appeals opined that the provisions exists "close intimacy" between the
of Section 16 of Presidential Decree No. appointee and appointing power
1869 may no longer be applied in the case at which insures freedom of
bar because the same is deemed to have intercourse without embarrassment
been repealed in its entirety by Section 2(1), or freedom from misgivings of
Article IX-B of the 1987 Constitution. betrayals of personal trust or
 This is not completely correct. confidential matters of state.
 On this point, we approve the more logical  When Republic Act No. 2260 was enacted
interpretation advanced by the CSC to the on June 19, 1959, Section 5 thereof provided
effect that "Section 16 of PD 1869 insofar as that "the non-competitive or unclassified
it exempts PAGCOR positions from the service shall be composed of positions
provisions of Civil Service Law and Rules expressly declared by law to be in the non-
has been amended, modified or deemed competitive or unclassified service or those
repealed by the 1987 Constitution and which are policy-determining, primarily
Executive Order No. 292 (Administrative confidential, or highly technical in nature."
Code of 1987)  In the case of Piero, et al. vs. Hechanova, et
 The same cannot be said with respect to the al. the Court obliged with a short discourse
last portion of Section 16 which provides there on how the phrase "in nature" came to
that "all employees of the casino and related find its way into the law,
services shall be classified as 'confidential  Hence the dictum that, at least since the
appointees.'" While such executive enactment of the Civil Service Act of 1959,
declaration emanated merely from the it is the nature of the position which finally
determines whether a position is primarily fitness to be determined as far as practicable
confidential, policy-determining or highly by competitive examination."
technical.  Let it here be emphasized, as we have
 And the court in the aforecited case accordingly italicized them, that these
explicitly decreed that executive fundamental laws and legislative or
pronouncements, such as Presidential executive enactments all utilized the phrase
Decree No. 1869, can be no more than initial "in nature" to describe the character of the
determinations that are not conclusive in positions being classified.
case of conflict. It must be so, or else it
would then lie within the discretion of the But is the Pinero doctrine applicable in the 1987
Chief Executive to deny to any officer, by Constitution? – YES
executive fiat, the protection of Section 4,
Article XII (now Section 2[3], Article IX-B)  It was affirmed by a conversation between
of the Constitution. Comm. Foz and Comm. Bernas
 In other words, Section 16 of Presidential  Accordingly, the Piñero doctrine continues
Decree No. 1869 cannot be given a literally to be applicable up to the present and is
stringent application without compromising hereby maintained. Such being the case, the
the constitutionally protected right of an submission that PAGCOR employees have
employee to security of tenure. been declared confidential appointees by
 The doctrinal ruling enunciated in Piero operation of law under the bare authority of
finds support in the 1935 Constitution and CSC Resolution No. 91-830 must be
was reaffirmed in the 1973 Constitution, as rejected.
well as in the implementing rules of  We likewise find that in holding that herein
Presidential Decree No. 807, or the Civil private respondent is not a confidential
Service Decree of the Philippines. employee, respondent Court of Appeals
 It may well be observed that both the 1935 correctly applied the "proximity rule"
and 1973 Constitutions contain the enunciated in the early but still authoritative
provision, in Section 2, Article XII-B case of De los Santos vs. Mallare, et al.,
thereof, that "appointments in the Civil which held that
Service, except as to those which are policy-
determining, primarily confidential, or  "Every appointment implies confidence, but
highly technical in nature, shall be made much more than ordinary confidence is
only according to merit and fitness, to be reposed in the occupant of a position that
determined as far as practicable by is primarily confidential. The latter phrase
competitive examination." denotes not only confidence in the aptitude of
 Corollarily, Section 5 of Republic Act No. the appointee for the duties of the office
2260 states that "the non-competitive or but primarily close intimacy which ensures
unclassified service shall be composed of freedom of intercourse without
positions expressly declared by law to be in embarrassment or freedom from misgivings
the non-competitive or unclassified service of betrayals of personal trust or confidential
or those which are policy-determining, matters of state
primarily confidential, or highly technical in
 It can thus be safely determined therefrom
nature."
that the occupant of a particular position
 Likewise, Section 1 of the General Rules in
could be considered a confidential employee
the implementing rules of Presidential
if the predominant reason why he was chosen
Decree No. 807 states that "appointments in
by the appointing authority was, to repeat, the
the Civil Service, except as to those which
latter's belief that he can share a close
are the policy-determining, primarily
intimate relationship with the occupant which
confidential, or highly technical in nature,
ensures freedom of discussion, without fear
shall be made only according to merit and
of embarrassment or misgivings of possible
betrayal of personal trust or confidential and the appointing authority, that is, the
matters of state. Withal, where the position Chairman of PAGCOR, as would ensure
occupied is remote from that of the "freedom from misgivings of betrayals of
appointing authority, the element of trust personal trust."
between them is no longer predominant. o Although appointed by the
Chairman, ISS members do not
 Several factors lead to the conclusion that directly report to the Office of the
private respondent does not enjoy such Chairman in the performance of
"close intimacy" with the appointing their official duties.
authority of PAGCOR which would o The position of an ISS member
otherwise place him in the category of a belongs to the bottom level of the
confidential employee, to wit: salary scale of the corporation,
1. As an Internal Security Staff member, private being in Pay Class 2 level only,
respondent routinely whereas the highest level is Pay
a. performs duty assignments at the Class 12.
o The fact that, sometimes, private
gaming and/or non-gaming areas to
respondent may handle ordinarily
prevent irregularities, misbehavior, "confidential matters" or papers
illegal transactions and other anomalous which are somewhat confidential in
activities among the employees and nature does not suffice to
customers, characterize his position as
primarily confidential.
b. reports unusual incidents and related
observations/information in accordance
with established procedures for  Taking into consideration the nature of his
infractions/mistakes committed on the functions, his organizational ranking and his
table and in other areas; compensation level, it is obviously beyond
debate that private respondent cannot be
c. coordinates with CCTV and/or considered a confidential employee. As set
external security as necessary for the out in the job description of his position, one
prevention, documentation or is struck by the ordinary, routinary and
suppression of any unwanted incidents quotidian character of his duties and
at the gaming and non-gaming areas; functions.
 Moreover, the modest rank and fungible
d. acts as witness/representative of nature of the position occupied by private
Security Department during chips respondent is underscored by the fact that
inventory, refills, yields, card shuffling the salary attached to it is a meager
and final shuffling; P2,200.00 a month.
 There thus appears nothing to suggest that
e. performs escort functions during the private respondents's position was "highly"
delivery of table capital boxes, refills or much less, "primarily" confidential in
and shoe boxes to the respective tables, nature. The fact that, sometimes, private
or during transfer of yields to Treasury. respondent may handle ordinarily
"confidential matters" or papers which are
 Based on the nature of such functions of somewhat confidential in nature does not
herein private respondent and as found by suffice to characterize his position as
respondent Court of Appeals, while it may primarily confidential.
be said that honesty and integrity are
primary considerations in his appointment as
a member of the ISS, his position does not Obiasca v. Basallote; February 17, 2010;
involve "such close intimacy" between him Corona, J.
Facts: service for three months. Diaz was absolved of
any wrongdoing.
City Schools Division Superintendent Nelly B.
Beloso appointed respondent Jeane O. Basallote
to the position of Administrative Officer II of
CSC Regional Office V: Dismissed at first. MR
the DepEd, Tabaco National High School in
filed. Protest was reinstated but was eventually
Albay.
dismissed for lack of merit. Appealed, but again
Subsequently, in a letter, the new City Schools dismissed for failure to show that her
Division Superintendent, Ma. Amy O. Oyardo, appointment had been received and attested by
advised School Principal Dr. Leticia B. the CSC.
Gonzales that the papers of the applicants for the
CSC: Granted the appeal, approved respondent’s
position of Administrative Officer II of the
appointment and recalled the approval of
school, including those of respondent, were
petitioner’s appointment.
being returned and that a school ranking should
be accomplished and submitted to her office for CA: Denied the petition and upheld respondent’s
review. In addition, Gonzales was advised that appointment which was deemed effective
only qualified applicants should be endorsed. immediately upon its issuance by the appointing
authority on May 26, 2003. This was because
Respondent assumed the office of
respondent had accepted the appointment upon
Administrative Officer II. Thereafter, however,
her assumption of the duties and responsibilities
she received a letter from Ma. Teresa U. Diaz,
of the position.
Human Resource Management Officer I of the
City Schools Division of Tabaco City, Albay, The CA found that respondent possessed all the
informing her that her appointment could not be qualifications and none of the disqualifications
forwarded to the CSC because of her failure to for the position of Administrative Officer II; that
submit the position description form (PDF) duly due to the respondents valid appointment, no
signed by Gonzales. other appointment to the same position could be
made without the position being first vacated;
Respondent tried to obtain Gozales’ signature
that the petitioners appointment to the position
but the latter refused despite repeated requests.
was thus void; and that, contrary to the argument
When respondent informed Oyardo of the
of petitioner that he had been deprived of his
situation, she was instead advised to return to
right to due process when he was not allowed to
her former teaching position of Teacher I.
participate in the proceedings in the CSC, it was
Meanwhile, on August 25, 2003, Oyardo petitioner who failed to exercise his right by
appointed petitioner Arlin B. Obiasca to the failing to submit a single pleading despite being
same position of Administrative Officer II. The furnished with copies of the pleadings in the
appointment was sent to and was properly proceedings in the CSC.
attested by the CSC.
The CA opined that Diaz unreasonably refused
Respondent filed a complaint with the Office of to affix her signature on respondents PDF and to
the Deputy Ombudsman for Luzon against submit respondents appointment to the CSC on
Oyardo, Gonzales and Diaz. She also filed a the ground of non-submission of respondents
protest with the CSC Regional Office. PDF. The CA ruled that the PDF was not even
required to be submitted and forwarded to the
Ombudsman: Found Oyardo and Gonzales
CSC.
administratively liable for withholding
information from respondent on the status of her Issue:
appointment, and suspended them from the
WON the CSC Decision is final and executory – o Sec. 9. Powers and Functions of the
YES. Commission. — The [CSC] shall
administer the Civil Service and
Ratio: shall have the following powers and
functions:
 In this case, petitioner did not file a petition o (h) Approve all appointments,
for reconsideration of the CSC resolution whether original or promotional, to
dated November 29, 2005 before filing a
positions in the civil service, except
petition for review in the CA. Such fatal
those of presidential appointees,
procedural lapse on petitioner’s part allowed members of the Armed Forces of the
the CSC resolution dated November 29, Philippines, police forces, firemen
2005 to become final and executory. and jailguards, and disapprove those
 Hence, for all intents and purposes, the CSC where the appointees do not possess
resolution dated November 29, 2005 has the appropriate eligibility or
become immutable and can no longer be required qualifications. An
amended or modified. A final and definitive appointment shall take effect
judgment can no longer be changed, revised, immediately upon issue by the
amended or reversed. appointing authority if the appointee
 The doctrine of exhaustion of administrative assumes his duties immediately and
remedies requires that, for reasons of law, shall remain effective until it is
comity and convenience, where the enabling disapproved by the [CSC], if this
statute indicates a procedure for should take place, without prejudice
administrative review and provides a system to the liability of the appointing
of administrative appeal or reconsideration, authority for appointments issued in
the courts will not entertain a case unless the violation of existing laws or rules:
available administrative remedies have been Provided, finally, That the [CSC]
resorted to and the appropriate authorities shall keep a record of appointments
have been given an opportunity to act and of all officers and employees in the
correct the errors committed in the civil service. All appointments
administrative forum. While the doctrine of requiring the approval of the [CSC]
exhaustion of administrative remedies is as herein provided, shall be
subject to certain exceptions, these are not submitted to it by the appointing
present in this case. authority within thirty days from
issuance, otherwise the appointment
Assuming arguendo that there were no becomes ineffective thirty days
thereafter.
procedural lapses, W/N deliberate failure of the
 Based on the foregoing provisions,
appointing authority to submit respondent’s
petitioner argues that respondent’s
appointment paper to the CSC within 30 days appointment became effective on the day of
from its issuance made her appointment her appointment but it subsequently ceased
ineffective and incomplete – NO. to be so when the appointing authority did
not submit her appointment to the CSC for
attestation within 30 days. Petitioner is
 Petitioner relies on an overly restrictive wrong.
reading of Section 9(h) of PD 807 which
states, in part, that an appointment must be
Section 9(h) of PD 807 Already Amended by
submitted by the appointing authority to the
CSC within 30 days from issuance, Section 12 Book V of EO 292
otherwise, the appointment becomes  It is incorrect to interpret Section 9(h) of
ineffective: Presidential Decree (PD) 807 as requiring
that an appointment must be submitted by periodic review of the decisions and
the appointing authority to the CSC within actions of offices or officials to whom
30 days from issuance, otherwise, the authority has been delegated by the
appointment would become ineffective. Commission as well as the conduct of
Such interpretation fails to appreciate the the officials and the employees in these
relevant part of Section 9(h) which states offices and apply appropriate sanctions
that "an appointment shall take effect
whenever necessary.
immediately upon issue by the appointing
authority if the appointee assumes his duties
immediately and shall remain effective until
it is disapproved by the [CSC]." This  PD 807 and EO 292 are not inconsistent
provision is reinforced by Section 1, Rule IV insofar as they require CSC action on
of the Revised Omnibus Rules on appointments to the civil service. This is
Appointments and Other Personnel Actions, evident from the recognition accorded by
which reads: EO 292, specifically under Section 12 (14)
Section 1. An appointment issued in and (15) thereof, to the involvement of the
accordance with pertinent laws and rules CSC in all personnel actions and programs
shall take effect immediately upon its of the government.
issuance by the appointing authority,  However, while a restrictive period of 30
and if the appointee has assumed the days within which appointments must be
duties of the position, he shall be submitted to the CSC is imposed under the
last sentence of Section 9(h) of PD 807,
entitled to receive his salary at once
none was adopted by Section 12 (14) and
without awaiting the approval of his
(15) of EO 292. Rather, provisions
appointment by the Commission. The subsequent to Section 12 merely state that
appointment shall remain effective until the CSC (and its liaison staff in various
disapproved by the Commission. xxx departments and agencies)
shall periodically monitor, inspect and audit
 More importantly, Section 12, Book V of
personnel actions. Moreover, under Section
EO 292 amended Section 9(h) of PD 807 by
9(h) of PD 807, appointments not submitted
deleting the requirement that all
within 30 days to the CSC become
appointments subject to CSC approval be
ineffective, no such specific adverse effect is
submitted to it within 30 days. Section 12 of
contemplated under Section 12 (14) and (15)
EO 292 provides:
of EO 292.
Sec. 12. Powers and Functions. - The
 Certainly, the two provisions are materially
Commission shall have the following inconsistent with each other. And to insist
powers and functions: on reconciling them by restoring the
(14) Take appropriate action on all restrictive period and punitive effect of
appointments and other personnel Section 9(h) of PD 807, which EO 292
deliberately discarded, would be to rewrite
matters in the Civil Service, including
the law by mere judicial interpretation.
extension of Service beyond retirement
 Under the facts obtaining in this case,
age; respondent promptly assumed her duties as
(15) Inspect and audit the personnel Administrative Officer II when her
actions and programs of the appointment was issued by the appointing
authority. Thus, her appointment took effect
departments, agencies, bureaus, offices,
immediately and remained effective until
local government units and other
disapproved by the CSC. Respondent’s
instrumentalities of the government appointment was never disapproved by the
including government -owned or CSC. In fact, the CSC was deprived of the
controlled corporations; conduct opportunity to act promptly as it was
wrongly prevented from doing so. More o Purpose: To submit the appointment to
importantly, the CSC subsequently approved the CSC is for the latter to approve or
respondent’s appointment and recalled that disapprove such appointment depending
of petitioner, which recall has already on whether the appointee possesses the
become final and immutable. appropriate eligibility or required
 Second, it is undisputed that respondent’s qualifications and whether the laws and
appointment was not submitted to the CSC, rules pertinent to the process of
not through her own fault but because of appointment have been followed. With
Human Resource Management Officer I Ma. this in mind, respondent’s appointment
Teresa U. Diaz’s unjustified refusal to sign it should all the more be deemed valid.
on the feigned and fallacious ground that  Respondent’s papers were in order. What
respondent’s position description form had was sought from her (the position
not been duly signed by School Principal Dr. description form duly signed by Gonzales)
Leticia B. Gonzales. was not even a prerequisite before her
 Indeed, the CSC even sanctioned Diaz for appointment papers could be forwarded to
her failure to act in the required manner. the CSC. More significantly, respondent was
Similarly, the Ombudsman found both City qualified for the position. There was
Schools Division Superintendent Ma. Amy compliance with the procedures that should
O. Oyardo and Gonzales administratively be observed in the selection process for the
liable and suspended them for three months vacant position of Administrative Officer II
for willfully withholding information from and the issuance of the appointment to the
respondent on the status of her appointment. respondent:
 Considering the willful and deliberate acts o The vacancy for the said position was
of the co-conspirators Diaz, Oyardo and published on February 28, 2003; the
Gonzales that caused undue prejudice to Personnel Selection Board of Dep-Ed
respondent, the Court cannot look the other Division of Tabaco City conducted a
way and make respondent suffer the screening of the applicants, which
malicious consequences of Gonzales’s and included the respondent and the
Oyardo’s malfeasance. petitioner; the respondent’s
 The obvious misgiving that comes to mind qualifications met the minimum
is why Gonzales and Oyardo were able to qualifications for the position of
promptly process petitioner’s appointment Administrative Officer II provided by
and transmit the same to the CSC for the CSC. She therefore qualified for
attestation when they could not do so for permanent appointment.
respondent. There is no doubt that office  There is no doubt that, had the appointing
politics was moving behind the scenes. authority only submitted respondent’s
 In effect, Gonzales’ and Oyardo’s scheming appointment to the CSC within the said 30
and plotting unduly deprived respondent of days from its issuance, the CSC would (and
the professional advancement she deserved. could) have approved it. In fact, when the
While public office is not property to which CSC was later apprised of respondent’s prior
one may acquire a vested right, it is appointment when she protested petitioner’s
nevertheless a protected right. subsequent appointment, it was respondent’s
 There is no dispute that the approval of the appointment which the CSC approved.
CSC is a legal requirement to complete the Petitioner’s appointment was recalled.
appointment. Under settled jurisprudence,  These points were never rebutted as
the appointee acquires a vested legal right to petitioner gave undue emphasis to the non-
the position or office pursuant to this attestation by the CSC of respondent’s
completed appointment. Respondent’s appointment, without any regard for the fact
appointment was in fact already approved by that the CSC actually approved respondent’s
the CSC with finality. appointment.
 In appointing petitioner, the appointing Gonzales was appointed as the provincial
authority effectively revoked the previous administrator of the Province of Camarines
appointment of respondent and usurped the Norte by then Governor Roy A. Padilla, Jr. on
power of the CSC to withdraw or revoke an April 1, 1991. Her appointment was on a
appointment that had already been accepted permanent capacity.
by the appointee. It is the CSC, not the
appointing authority, which has this power. On March 8, 1999, Governor Jess B. Pimentel
 This is clearly provided in Section 9, Rule V sent Gonzales a memorandum directing her to
of the Omnibus Rules: explain in writing why no administrative charges
o Section 9. An appointment accepted should be filed against her for gross
by the appointee cannot be insubordination/gross discourtesy in the course
withdrawn or revoked by the of official duties, and conduct grossly prejudicial
appointing authority and shall to the best interest of the service; this was later
remain in force and effect until
on captioned as Administrative Case No. 001.
disapproved by the [CSC]
 The power to revoke an earlier appointment After Gonzales submitted her comment, an Ad
through the appointment of another may not Hoc Investigation Committee found her guilty of
be conceded to the appointing authority. the charges against her, and recommended to
Such position is not only contrary to Section Governor Pimentel that she be held
9, Rule V and Section 1, Rule IV of the administratively liable. On September 30, 1999,
Omnibus Rules. It is also a dangerous
Governor Pimentel adopted the Ad Hoc
reading of the law because it unduly
expands the discretion given to the Investigation Committee’s recommendation and
appointing authority and removes the checks dismissed Gonzales.
and balances that will rein in any abuse that CSC: modified Governor Pimentel’s decision,
may take place. The Court cannot
finding Gonzales guilty of insubordination and
countenance such erroneous and perilous
suspending her for six months. This decision
interpretation of the law.
was appealed by Governor Pimentel, which the
 Accordingly, petitioner’s subsequent
appointment was void. There can be no CSC denied and granted Gonzales’s request to
appointment to a non-vacant position. The be reinstated.
incumbent must first be legally removed, or Gov. Pimentel reinstated Gonzales as provincial
her appointment validly terminated, before
administrator on Oct. 12, 2000, but terminated
another can be appointed to succeed her.
her the next day for lack of confidence. He
 In sum, the appointment of petitioner was
inconsistent with the law and well- wrote to the CSC reporting his compliance and
established jurisprudence. It not only Gonzales’ subsequent dismissal as a confidential
disregarded the doctrine of immutability of employee. He cited Resolution No. 0001158,
final judgments but also unduly where the CSC ruled that the provincial
concentrated on a narrow portion of the administrator position is highly confidential and
provision of law, overlooking the greater is coterminous in nature.
part of the provision and other related rules
and using a legal doctrine rigidly and out of CSC issued Resolution No. 030008, directing
context. Its effect was to perpetuate an Gonzales’ reinstatement. While RA 7160 (LGC)
injustice. made the provincial administrator position
coterminous and highly confidential in nature,
this conversion cannot operate to prejudice
Province of Camarinas Sur v. Gonzalez; June officials who were already issued permanent
23, 2013; Brion, J. appointments as administrators prior to the new
Facts: law’s effectivity. Gonzales has acquired a vested
right to her permanent appointment and is  While the requirement of civil service
entitled to continue holding the office the eligibility was retained, together with the
provincial administrator despite its subsequent educational requirements, the new LGC
classification as a coterminous position. shortened the 6-year work experience
requirement to 5 years and mandated the
The conversion of said position from a career to additional requirements of residence in the
a non-career service should not jeopardize her local government concerned, and imposed a
security of tenure guaranteed to her by the good moral character requirement (Sec. 480,
Constitution. She may only be removed for LGC).
cause, after due notice and hearing. Loss of trust
and confidence is not among the grounds for a
 RA 7160 made the provincial administrator
permanent appointee’s dismissal or discipline position coterminous with its appointing
under existing laws. authority, reclassifying it as a non-career
Gonzales wrote to the CSC saying that Gov. service position that is primarily
confidential.
Typoco (incumbent gov) refused to reinstate her.
 Before RA 7160 took effect, Laurel
CSC issued another resolution, ordering her
classified the position as an open career
reinstatement to said officer, or to an equivalent
position which required qualification in an
position. appropriate examination prior to
The CA supported the ruling to reinstate her and appointment. It placed said office under the
cited Aquino v. CSC. An appointee acquires a second major level of positions in the career
service under Sec. 7, PD 807 .
legal right to his position once he assumes a
 Sec. 480 of RA 7160 made the provincial
position in the civil service under a completed
administrator’s functions closely related to
appointment, which is protected both by statute the prevailing provincial administration by
and the Constitution. She cannot be removed identifying the incumbent with the
without cause and previous notice and hearing. provincial governor to ensure the alignment
of the governor’s direction for the province
Issue:
with what the provincial administrator
WON Congress has reclassified the provincial would implement. In contrast with the
administrator position from a career service to a general direction provided by the provincial
primarily confidential, non-career service governor under the Manual of Position
position – YES. Descriptions cited in Laurel, Sec. 480(b),
RA 7160 now mandates constant interaction
Ratio: between the provincial administrator and the
provincial governor.
 SC: Congress, through RA 7160, made  The administrator position demands a close
substantial changes to said office. intimate relationship with the office of the
 BP 337 did not include a provincial governor (its appointing authority) to
administrator position among the listing of effectively develop, implement and
mandatory provincial officials, but administer the different programs of the
empowered the Sangguniang Panlalawigan province. The administrator’s functions are
to create other offices that might be to recommend to the Sanggunian and to
necessary to carry out the purposes of the advise the governor on all matters regarding
LGU. RA 7160 made the position the management and administration of the
mandatory for every province. province, thus requiring that its occupant
 In introducing the mandatory position, RA enjoy the governor’s full trust and
7160 also amended the qualifications for confidence.
said office.  The new LGC even made the position
coterminous with its appointing authority
o emphasizes close relations. This M. Nepomuceno, Member, Sangguniang
provision, along with the Panlalawigan of that Province, reads in part, as
interrelations between the Provincial follows:
administrator and governor under
Sec. 480, renders clear the intent of There is a need to recall that the position
Congress to make the provincial of Provincial Administrator is one of the
administrator position primarily mandatory and existing positions under
confidential under the non-career Section 480 of R.A. 7160. The
service category of the civil service. qualification requirements, term, power
and duties of the said item/position is
Del Castillo Dissent specifically and clearly defined
 I submit that the reclassification made by including its status and nature, which is
Congress under Art. 480 of the LGC cannot career and co-terminous with the
be made to apply to this case. Otherwise appointing authority.
stated, Art. 480 did not affect the tenure of
Gonzales based on the following
considerations: (1) Gonzales was appointed This is so because there are qualification
to the said position prior to the LGC’s standards prescribed for the position
effectivity; (2) Gonzales had already which implies that it is a career position.
acquired a legal right to her permanent
position, she having been issued, and There is no doubt that the appointment of former
having assumed, a completed appointment. Governor Luisito Reyes as the Provincial
Hence, enjoys security of tenure as a Administrator, being the brother-in-law of the
permanent appointee to the position of new appointing authority—Governor
Provincial Administrator; and (3) SC had Carmencita O. Reyes, is not in order, since it is
already ruled in Laurel that the position of
not in accordance with the existing provisions of
Provincial Administrator is under the
Career Service; and finally, EO No. 503 law on the matter. Thus, it is considered a
specifically and expressly provides that nepotic appointment. It is clear that the
[Provincial] Administrators who hold relationship of the appointing authority and the
permanent appointments but whose terms appointee is within the prohibitive degree of
were declared by the LGC as coterminous relationship by affinity.
shall continue to enjoy their permanent
status until they vacate their positions. In view of the foregoing, the appointment issued
to ex-Governor Luisito Reyes, brother-in-law of
the Hon. Governor Carmencita Reyes, the
Carmencita Reyes; Resolution 001156; April appointing authority is prohibited by law and
22, 2016 therefore, considered null and void ab initio.
Facts: Hence, the appeal of Governor Reyes.
Governor Carmencita O. Reyes, Province of Issue:
Marinduque, appeals the Opinion dated July 24,
1998 of the Civil Service Commission Regional WON the Position of Provincial Administrator is
Office (CSCRO) No. IV, declaring the position classified by law as a career service and thus
of Provincial Administrator as career and coterminous with the appointing authority—
coterminous with the appointing authority. WON the appointment extended to Gov. Reyes’
The Opinion, contained in a letter dated July 24, brother in law is nepotic within the meaning of
1998, in response to a query posted by Pedrito Sec. 59(2), Book V of EO 292—YES
Ratio: Administrator falls within the exception to
nepotism according to Sec. 59(2), Book V of E0
Governor Reyes: The position of Provincial
292
Administrator is not a career one; it is non-
career because its tenure is co-terminous with RESOLUTION
that of the appointing authority. Senator
Pimentel Jr., the principal author of Republic  Records show that Governor Reyes
sought the assistance of the Commission
Act 7160, in his book entitled, the Local
relative to the appointment she extended
Government Code of 1991; Key to National
in favor of former Governor Luisito M.
Development, states in his commentary that: Reyes, her brother-in-law, to the
1. Officials Subject to Local position of Provincial Administrator of
Government Appointment and Exceptions. This Marinduque. It is her contention that
since the position of Provincial
Title (Title Five) lists some 22 officials for every
Administrator is one of trust and
municipality, city and province whose confidence, it is exempted from the
appointments, with three exceptions, are lodged operation of the rules on Nepotism.
with municipal mayors, city mayors and the Earlier, Director IV Rebecca A.
provincial governors respectively: They are all Fernandez of CSRO No. IV, in response
career officials, except the Legal Officer, to a query of SP Member Pedrito
Information Officer and the Administrator Nepomuceno, issued an Opinion stating
whose terms of office are co-terminous with the that the position of Provincial
mayor or the governor who appointed them. Administrator is career and co
terminous, and that the appointment of
The term 'career' position is the antonym former Governor Reyes is considered
of one which is coterminous with that of the nepotic.
appointing authority, otherwise known as non-  Earlier, the Commission, in several
career. The two terms should not be mixed into cases, ruled that while the term of office
one. The coined classification that the position of an Administrator (Provincial, City or
of Provincial Administrator is 'career and Municipal) is co-terminous with that of
coterminous with the appointing authority, 'has the appointing authority, it does not
yet no legal acceptance. In the eyes of the law, follow that the same is primarily
that hybrid position does not exist. confidential. The position still belongs
to the career service because of the
The appointment extended by me to my eligibility requirement under the Local
brother-in-law as Provincial Administrator of Government Code.
Marinduque is not nepotic because it falls under  To settle once and for all the issue of the
the exception provided for in Sec. 59(2), Book V nature of the position of Administrator,
of EO 292 is imperative that the duties and
functions of the position be reviewed as
The teaching of the Supreme Court is to the Supreme declared in the case of
the effect that the position is non-career or Civil Service Commission v. Rafael
confidential if its tenure of office is coterminous Salas that “it is the nature of the position
with that of the appointing authority. which finally determines whether a
Considering that the tenure of office of the position is primarily confidential,
policy-determining or highly technical”
Provincial Administrator is coterminous with
 In addition, in De los Santos v. Mallari,
that of the appointing authority, by force and
the Supreme Court had the occasion to
logic, said position is non-career and the define when a position is considered
appointee is employed in a confidential capacity; primarily confidential, as follows:
perforce, the position of the Provincial
o “Every appointment implies unit with the end in view of instituting
confidence, but much more than effective administrative reforms;
ordinary confidence is reposed
in the occupant of a position
that is primarily confidential. o A close scrutiny of the nature of the
The latter phrase denotes not functions attached to the position of
only confidence in the aptitude Administrator vis-a-vis the pronouncement
of the appointee for the duties of of the Supreme Court in De los Santos
the office but primarily close clearly reflect the highly confidential nature
intimacy which ensures freedom of the position.
of intercourse without o Indeed, the position of Administrator
embarrassment or freedom from requires a "close intimacy" with the office of
misgivings of betrayals of the governor, its appointing authority, in
personal trust or confidential order to be able to effectively develop,
matters of state.” implement and administer the different
 Paragraph (b), Section 480 of the Local programs of the local government unit
Government Code, enumerates the concerned.
duties and functions of the o As the Administrator shall recommend to
Administrator, as follows: the Sanggunian and advise the Governor and
 (b) The administrator shall take charge Mayor, as the case may be, on all other
of the office of the administrator and matters relative to the management and
shall; administration of the local government unit,
the occupant thereof must enjoy the full trust
 (i) Develop plans and strategies and
and confidence of the appointing authority.
upon approval thereof by the governor
And the appointing authority should be
or mayor, as the case may be, implement
given enough flexibility and discretion to
the same particularly those which have
choose the person for appointment.
to do with the management and
administration-related programs and
projects which the governor or mayor is In the case of the Legal Officer which is of equal
empowered to implement and which the footing with the Administrator, Supreme Court
sanggunian is empowered to provide for in Hilario vs. Civil Service Commission held:
under this Code;
 (2) In addition to the foregoing duties o “We have consistently held in previous
and functions, the administrator shall: cases that the position of City Legal Officer is a
 (i) Assist in the coordination of the work confidential one…The position of City Legal
of all the officials of the local Officer has its counterpart in the position of
government unit, under the supervision, provincial attorney appointed by the provincial
direction, and control of the governor or governor, both being positions involving the
mayor, and for this purpose, he may
rendering of trusted services.”
convene the chiefs of offices and other
officials of the local government unit; • By analogy, the aforequoted ruling of
 (ii) Establish and maintain a sound the Supreme Court is applicable to the position
personnel program for the local of Administrator, considering that under the
government unit designed to promote Local Government Code (LGC) both positions
career development and uphold the have terms of office which are coterminous with
merit principle in the local government
the appointing authority.
service;
 (iii) Conduct a continuing organizational • Further, Senator Aquilino Pinmentel, Jr.,
development of the local government the principal author of Republic act 7160, in a
commentary contained in his book “The Local
Government Code of 1991: Key to National  Petition for prohibition filed by petitioner as
Development,” (ugh Dan Gat flashback) stated, a "taxpayer," questioning the appointment of
as follows: respondent Gabriel Singson as Governor of
the Bangko Sentral Ng Pilipinas for not
o “1. Officials Subject to Local having been confirmed by the Commission
Government Appointment and Exceptions. This on Appointments.
Title (Title Five) lists some 22 officials for every  Petitioner seeks to enjoin respondent
municipality, city and province whose Singson from the performance of his
appointments, with three exceptions, are lodged functions as such official until his
with municipal mayors, city mayors and the appointment is confirmed by the
provincial governor respectively: They are all Commission on Appointments (CoA) and
career officials except the Legal Officer, respondent Salvador M. Enriquez, Secretary
Information Officer and the Administrator of Budget and Management, from disbursing
public funds in payment of the salaries and
whose terms of office are co-terminous with the
emoluments of respondent Singson.
mayor or the governor who appointed them.
xxx."
Issue:
• It is for these reasons that the
Commission is inclined to abandon its previous WON the petition was filed on time - NO
pronouncements with respect to the nature of the
position of the Administrator. Considering that Ratio:
the Commission is given the authority under  The instant petition is in the nature of a quo
paragraph (9), Section 12, book V of the warranto proceeding as it seeks the ouster of
Administrative Code of 1987 to declare certain respondent Singson and alleges that the
positions as primarily confidential in nature, we latter is unlawfully holding or exercising the
declare the position of Administrator powers of Governor of the Bangko Sentral.
(Provincial, City of Municipal as primarily o Such a special civil action can only be
confidential in nature, and the term of office of commenced by the Solicitor General or
appointees to said positions, consistent with the by a "person claiming to be entitled to a
LGC, to be coterminous with the officials they public office or position unlawfully held
or exercised by another" (RoC, Rule 66,
serve.
Section 6)
• Having declared that the position of o Sevilla v. Court of Appeals (1992): We
Provincial Administrator is primarily held that the petitioner therein, who did
confidential in nature, the appointment of former not aver that he was entitled to the office
governor Luisito Reyes, brother-in-law of of the City Engineer of Cabanatuan
City, could not bring the action for quo
Governor Reyes as Provincial Administrator is
warranto to oust the respondent from
thus exempted from the operation of the law on said office as a mere usurper.
Nepotism (paragraph (2), Section 59, Book V of o Greene v. Knox (1903) [US case]: It was
the Administrative Code of 1987) and is hereby held that the question of title to an
found in order. office, which must be resolved in a quo
warranto proceeding, may not be
QUO WARRANTO
determined in a suit to restrain the
Torrosa v Singson, May 25, 1994, Quaisaon, payment of salary to the person holding
J. such office, brought by someone who
does not claim to be the one entitled to
Facts: occupy the said office.
 It is obvious that the instant action was
improvidently brought by petitioner. To
uphold the action would encourage every Issue:
disgruntled citizen to resort to the courts,
thereby causing incalculable mischief and Whether the Motion for Execution of the quo
hindrance to the efficient operation of the warranto case lies against Olores – NO
governmental machinery.
Ratio:

 Ordinarily, a judgment against a public


Mendoza v. Allas, February 4, 1999, Puno, J.
officer in regard to a public right binds his
Facts: successor in office. This rule, however, is
not applicable in quo warranto cases. A
 Petitioner Mendoza joined the Bureau of judgment in quo warranto does not bind the
Customs in 1972. He held the positions of respondent's successor in office, even
Port Security Chief (March 1972 to August though such successor may trace his title to
1972), Deputy Commissioner of Customs the same source. This follows from the
(August 1972 to September 1975), Acting nature of the writ of quo warranto itself. It is
Commissioner of Customs (September 1975 never directed to an officer as such, but
to April 1977) and Customs Operations always against the person-- to determine
Chief I (October 1987 to February 1988). whether he is constitutionally and legally
 On March 1, 1988, he was appointed authorized to perform any act in, or exercise
Customs Service Chief of the Customs any function of the office to which he lays
Intelligence and Investigation Service claim. In the case at bar, the petition for quo
(CIIS). In 1989, said position was warranto was filed by petitioner solely
reclassified by the Civil Service as "Director against Allas. What was threshed out before
III" in accordance with RA 6758 and the trial court was the qualification and right
National Compensation Circular No. 50. of petitioner to the contested position as
Petitioner's position was thus categorized as against respondent Ray Allas, not against
"Director III, CIIS" and he discharged the Godofredo Olores. Thus, the Court of
function and duties of said office. Appeals did not err in denying execution of
 Petitioner was temporarily designated as the trial court's decision.
Acting District Collector, Collection District  Petitioner has apprised this Court that he
X, Cagayan de Oro City. In his place, reached the compulsory retirement age of 65
respondent Ray Allas was appointed as years on November 13, 1997. Reinstatement
"Acting Director III" of the CIIS. Despite not being possible, petitioner now prays for
petitioner's new assignment as Acting the payment of his back salaries and other
District Collector, however, he continued to benefits from the time he was illegally
receive the salary and benefits of the dismissed until finality of the trial court's
position of Director III. decision.
 In September 1994, petitioner received a  Allas cannot be held personally liable for
letter from Deputy Customs Commissioner petitioner's back salaries and benefits. He
Dario, informing him of his termination was merely appointed to the subject position
from the BoC, in view of Allas' appointment by the President in the exercise of his
as Director III by President FVR. constitutional power as Chief Executive.
 Mendoza filed with the court a quo a Motion Neither can the BoC be compelled to pay the
for Execution of its decision. The court said back salaries and benefits of petitioner.
denied the motion on the ground that the The BoC was not a party to the petition for
contested position vacated by Allas was now quo warranto.
being occupied by respondent Godofredo
Olores who was not a party to the quo
warranto petition. DUTIES AND RESPONSIBILITIES WHILE
IN PUBLIC OFFICE
Panis v. CSC and Veloso; February 2, 1994; o The title of Hospital Administrator
Quiason, J. was later found to be a misnomer
and thus was properly classified by
Facts: the Joint Commission on local
Government Personnel
Cebu City Medical Center (CCMC) formerly
Administration as one of Assistant
known as the Cebu City Hospital, is operated Chief of Hospital for
and maintained by the local government of Cebu Administration. This classification
City. Petitioner Panis was employed as was subsequently approved by the
Administrative Officer of the hospital, while Department of Budget Management.
private respondent Veloso was Administrative o The position of Assistant Chief of
Officer of the City Health Department detailed Hospital for Administration is the
at the said hospital. very same position of Hospital
Administrator created by Ordinance
Mayor of Cebu appointed private respondent to No. 1216. The Office of Hospital
the position of Assistant Chief of Hospital for Administrator was not extinguished,
Administration of CCMC. Petitioner, a but the designation thereof merely
candidate for the position, protested the corrected to reflect the proper
appointment before the Regional Office of the classification of the position under
Civil Service Commission (CSC). The CSC existing rules.
Regional Office, however, indorsed the matter to o The Office of Assistant Chief of
the Office of the City Mayor, which in turn Hospital for Administration
referred it to the Office of the City Attorney. therefore was created and existed in
accordance with law.
In a decision dated July 26, 1988, the City
Attorney, with the approval of the City Mayor,
WON there was a qualification standard or valid
dismissed petitioner's protest and upheld the
screening procedure - Yes
appointment of private respondent. This
dismissal was affirmed by the CSC Regional  As a result of the reclassification, candidates
Office and later on appeal, by respondent CSC. to the position, among whom were petitioner
and private respondent, were notified by the
Issue: Personnel Selection Board (Board) of a
WON the position of Assistant Chief of Hospital screening.
for Administration was legally created – Yes  The notice sent petitioner at 9:30 A.M. may
have been "too close for comfort to the
Ratio: 10:00 schedule," but the screening was
actually reset to the following day, October
 Ordinance No. 1216, passed by the Cebu 23, 1987.
Sangguniang Panglunsod, amended the  Petitioner however never appeared before
charter of the Cebu City Hospital for the the Board. Neither did he appear, despite
purpose of correcting the deficiencies and due notice, at the final selection process on
improving the performance of said November 5, 1987.
institution.  The fact that private respondent was actually
 The hospital's name was changed to CCMC, screened and interviewed by the Board does
and the departments and offices therein were not mean that her appointment was a fait
reorganized. The Office of Hospital accompli. The screening was just a stage in
Administrator was created and granted such the appointment process.
powers as were deemed in line with the  Private respondent and petitioner are college
objectives of the Ordinance degree holders with three units in Public
Administration and three years experience in
Hospital Administration or Health person holding the position next in rank
Administration. Indeed, both candidates thereto "shall be considered for promotion"
possess the minimum qualifications for the
position. The determination, however, of
who among the qualified candidates should  In other words, one who is "next in rank" to
be preferred belongs to the appointing a vacancy is given preferential consideration
authority. for promotion to the vacant position, but it
does not necessarily follow that he alone and
no one else can be appointed. There is no
WON the seniority and next-in-rank rules should vested right granted the next in rank nor a
be followed – No ministerial duty imposed on the appointing
authority to promote the holder to the vacant
 The argument that petitioner should have position
been the one appointed because he was next  Once a candidate possesses the minimum
in rank to the contested position and that he qualities required by law, sufficient
had been with CCMC since 1961 as discretion, if not plenary, is granted to the
compared to private respondent, who joined appointing authority
the hospital in 1986 and only on detail,
cannot be upheld.
 The "next in rank" rule specifically applies Divinagracia v. Sto. Tomas; May 31, 1995;
only in cases of promotion Bellosillio, J.
 The instant controversy, however, involves a
new office and a position created in the Facts:
course of a valid reorganization. Filomena R. Mancita was appointed Municipal
 Under the law, a vacancy not filled by Development Coordinator (MDC) of Pili,
promotion may be filled by transfer of
Camarines Sur, in a permanent capacity. On 14
present employees in the government
March 1983 when the (Old) Local Government
service, by reinstatement, by reemployment
of those separated from the service, and Code took effect, the office was renamed
appointment of outsiders who have Municipal Planning and Development
appropriate civil service eligibility, but not Coordinator (MPDC). On 28 March 1983 the
necessarily in this order Sangguniang Bayan of Pili approved Resolution
 Private respondent was not an outsider. No. 38 creating and organizing the Office of
Although directly employed by the City MPDC. Mancita held over the position until
Health Department, she actually worked at 1985
the CCMC prior to her appointment to the
subject position. The Joint Commission on Local Government
 Besides, even if she was an outsider, the law Personnel Administration approved the
does not prohibit the employment of persons reorganization plan and staffing pattern of the
from the private sector so long as they have Municipality of Pili. Mayor Anastacio M. Prila
the appropriate civil service eligibility. notified Mancita that her services were being
 Assuming nonetheless that a vacancy terminated on the ground that the Office of
actually occurred that can be filled up only MDC was abolished as a result of the
by promotion, the concept of "next in rank" reorganization of the local government of Pili.
does not impose any mandatory requirement
to appoint the person occupying the next Private respondent Prescilla B. Nacario who was
lower position in the occupational group of then the Municipal Budget Officer was
the office. appointed MPDC on 10 June 1985 to take effect
 What the Civil Service Law and the on 1 July 1985. Nacario was replaced by Digna
Administrative Code of 1987 provide is that Isidro as Municipal Budget Officer. Isidro was
if a vacancy is filled up by promotion, the
succeeded a year later by Eleanor Villarico who The MSPB ordered Mayor Divinagracia to
served until 1990. reinstate Mancita to the position of MPDC or to
an equivalent position, and to pay her
In 1988 the Local Government Officers
backwages from the date of her separation. The
Services, which included the local Budget
decision of MSPB was appealed by Mayor
Office, was nationalized and placed under the
Divinagracia to the Civil Service Commission
Department of Budget and Management. As a
but the appeal was dismissed. Mayor
result, the authority to appoint the Budget
Divinagracia informed private respondent,
Officers of the different local government units
Nacario that she was being relieved of her
devolved upon the Secretary of the Budget
position as MPDC effective 16 November 1990
Villarico resigned on 1 March 1990 the Budget in order to comply with the MSPB decision to
Office became vacant for more than a year, due reinstate Mancita as MPDC.
to the lack of a qualified candidate that the
Nacario filed a Petition for Declaratory Relief
Secretary of the Budget could appoint. In the
and Prohibition with Preliminary Injunction with
meantime, Juan Batan, the former Municipal
the Regional Trial Court, against CSC
Budget Officer of Baao, Camarines Sur, was
Chairperson Patricia A. Sto. Tomas, Mayor
appointed Officer in-Charge of the Municipal
Delfin N. Divinagracia, Jr., Elium Banda,
Budget Office of Pili. He was later replaced by
Regional Director of CSC, and Filomena R.
Francisco Deocareza, the former Budget Officer
Mancita, praying for the annulment of CSC
of Naga City, in the same capacity.
Resolution No. 90-657. Presiding Judge
Petitioner Alexis D. San Luis, Cashier II of Ceferino P. Barcinas issued a temporary
DENR, was temporarily appointed Municipal restraining order enjoining the implementation
Budget Officer of Pili by Secretary Guillermo N. of the questioned CSC resolution and set the
Carague of the Department of Budget and date for the hearing of the application for
Management. When control over the Local preliminary injunction.
Government Officers Services was returned to
Mancita filed a motion to dismiss on the ground
the local government units by virtue of the LGC
that the trial court had no jurisdiction over the
of 1991 (R.A. 7160 as implemented by E.O.
subject matter. Her motion was denied. Mancita
503), San Luis was reappointed to the same
then filed a special civil action for certiorari
position, this time in a permanent capacity, by
under Rule 65 before this Court questioning the
petitioner Delfin N. Divinagracia, Mayor of Pili
denial of her motion. Through Mr. Justice
Meanwhile, Mancita appealed her termination to Teodoro R. Padilla we granted the petition and
the Merit Systems and Protection Board held that the lower court had no jurisdiction over
(MSPB). On 20 June 1989 the MSPB declared the case since all decisions, orders and
her separation from the service illegal, holding resolutions of the Civil Service Commission
that the Office of the Municipal Development were subject to review only by this Court on
Coordinator was abolished by the Local certiorari under Rule 65 of the Rules of Court.
Government Code of 1991 and not by the
While the petition of Mancita was pending with
reorganization of the Municipality of Pili as
us, Nacario sent a query to public respondent
claimed by Mayor Prila. According to the
Commission asking about her status as a
MSPB, Mancita was in fact qualified for the
permanent employee of the Municipality of Pili
newly-created position of MPDC since the
after she had accepted the position of MPDC. In
powers and duties of the two positions were
a letter dated 8 December 1992 public
essentially the same.
respondent opined that the reinstatement of
Mancita to the position of MPDC was not a
valid cause for Nacario's termination, and since submitted to the CSC for approval - the
she was the former Municipal Budget Officer appointment (permanent) of Nacario was
she had the right to return to that position approved by the CSC on 13 June 1985 while
the appointment (permanent) of San Luis
Public respondent issued CSC Resolution No. was approved by the CSC on 9 February
93-1996 denying the request of Mayor 1993 - and, the ouster of Nacario from the
Divinagracia for a reconsideration. Upholding Office of MPDC was a result of the MSPB
Nacario's right to security of tenure the CSC decision directing the reinstatement of
held that the reinstatement of Mancita to the Mancita and not because the CSC
position of MPDC could not be a valid cause for disapproved her appointment as MPDC.
the termination of Nacario.
Public respondent relied on Sec. 13, Rule VI, of Santiago v. CSC and Jose; October 27, 1989;
the Omnibus Rules Implementing Book V of Melencio-Herrera, J.
E.O. No. 292, otherwise known as the Revised Facts:
Administrative Code of 1978 in directing the
restoration of Nacario to her former position. Then Customs Commissioner Wigberto E.
Sec. 13 mandates the return of an appointee, in a Tanada extended a permanent promotional
chain of promotions, to his former position once appointment, as Customs Collector III, to
his appointment is subsequently disapproved. petitioner Santiago, Jr. That appointment was
approved by the Civil Service Commission
Issue: (CSC), National Capital Region Office. Prior
WON Sec. 13, Rule VI, of the Omnibus Rules thereto, SANTIAGO held the position of
Implementing the Revised Administrative Code Customs Collector I.
(E.O. 292) applies – No Respondent JOSE, a Customs Collector II, filed
Ratio: a protest with the Merit Systems Promotion
Board (MSPB) against SANTIAGO's
 Under the aforecited section, before a public promotional appointment mainly on the ground
official or employee can be automatically that he was next-in-rank to the position of
restored to her former position, there must Collector of Customs III.
first be a series of promotions; second, all
appointments are simultaneously submitted Pursuant to Section 19(6) of the Civil Service
to the CSC for approval; and third, the CSC Decree, the Board referred the protest to
disapproves the appointment of a person Commissioner Tanada, who upheld the
proposed to a higher position. promotion of SANTIAGO.
 The essential requisites prescribed under
Sec. 13 do not avail in the case at bench. To JOSE appealed to the MSPB which, decided to
start with, the movement of Nacario from revoke petitioner SANTIAGO's appointment
the Budget Office to the Office of MPDC and directed that respondent JOSE be appointed
cannot be considered a promotion for the also denied SANTIAGO's Motion for
term connotes an increase in duties and Reconsideration for lack of merit.
responsibilities as well as a corresponding
increase in salary. Conformably therewith, Respondent CSC affirmed the MSPB holding
we find the movement of Nacario one of that respondent JOSE has far better
lateral transfer. qualifications in terms of educational attainment,
 Aside from the lack of a series of civil service eligibilities, relevant seminars and
promotions, the other two (2) requisites are training courses taken.
not also present, i.e., the appointments of the
parties concerned were not simultaneously Issue:
WON the decision of the CSC and MSPB Abila v. CSC and Eleria; June 3, 1991;
revoking the appointment of Santiago and Feliciano, J.
directing Jose to be appointed as Collector III
should be upheld – NO Facts:
Amado Villafuerte retired from his position as
 There is "no mandatory nor peremptory
requirement in the (Civil Service Law) that Administrative Officer IV in the Health
persons next-in-rank are entitled to Department of the City Government of Quezon
preference in appointment. What it does City. Then Quezon City Officer-in-Charge
provide is that they would be among the first Brigido Simon, Jr. appointed petitioner Alex
to be considered for the vacancy, if Abila as Villafuerte's successor. Petitioner
qualified, and if the vacancy is not filled by Abila who had theretofore been the Acting
promotion, the same shall be filled by Assistant Civil Security Officer, Civil
transfer or other modes of appointment. Intelligence and Security Department of the
 One who is next-in-rank is entitled to Quezon City Government, assumed the
preferential consideration for promotion to Administrative Officer IV
the higher vacancy but it does not
necessarily follow that he and no one else A day earlier, private respondent Florentina
can be appointed. The rule neither grants a Eleria, Administrative Officer III of the Health
vested right to the holder nor imposes a Department, Quezon City Government, filed a
ministerial duty on the appointing authority protest with the Merit System Protection Board
to promote such person to the next higher ("Board") in respect of Abila's appointment.
position. The Board indorsed the protest to the new
 However, the appointing authority may Quezon City Officer-in-Charge, Reynaldo
promote an employee who is not next-in- Bernardo, who rendered a decision dismissing
rank but who possesses superior
the protest.
qualifications and competence compared to
a next-in-rank employee who merely meets Eleria appealed to the Board Board promulgated
the minimum requirements for the position." a decision revoking petitioner Abila's
 To apply the next-in-rank rule peremptorily appointment and directing the Quezon City
would impose a rigid formula on the Officer-in-Charge or Mayor to appoint private
appointing power contrary to the policy of
respondent Eleria. Board ruled that respondent
the law that among those qualified and
Eleria had the edge in terms of rank and
eligible, the appointing authority is granted
discretion and prerogative of choice of the experience as an Administrative Officer, also
one he deems fit for appointment that respondent Eleria was holding a position
 Consistent with our ruling in Luego vs. next in rank to that of the vacancy, which
CSC, "all the commission is actually circumstance, according to the Board, under
allowed to do is check whether or not the Section 4 of the Civil Service Commission
appointee possesses the appropriate civil Resolution No. 83-343, gave her "promotional
service eligibility or the required priority" over petitioner. CSC affirmed in toto
qualifications. If he does, his appointment is
approved; if not, it is disapproved. Issue:
 It has no authority to revoke the said WON the CSC has authority to substitute its
appointment simply because it believed that
own judgment for that of the official authorized
the private respondent was better qualified
by law to make an appointment to the
for that would have constituted an
encroachment on the discretion vested solely government service, in the matter of weighing
an appointee's qualifications and fitness for a
position, after it has been shown that the
appointee possesses the minimum qualifications
prescribed for the position. – KULIT NG CSC, applies only where a vacancy is filled by
NO NGA EHHH!!! promotion, a process which denotes a scalar
ascent of an officer to another position
Ratio: higher either in rank or salary.
 A promotion involves a situation quite
 Respondent Commission has no such
different from the situation in the case at bar
authority, the power of appointment, which
where the appointment of petitioner Abila
is essentially discretionary, being vested by
was effected through lateral transfer from a
law in the head of the office concerned. The
position in one department of the city
head of the office is the person on the spot.
government to a position of greater
 He occupies the ideal vantage point from
responsibility in another department of the
which to identify and designate the same government.
individual who can best fill the post and
 The Court further notes that even if the
discharge its functions in the government
vacancy here had been filled by promotion
agency he heads.
rather than by lateral transfer, the concept of
 The choice of an appointee from among "next in rank" does not import any
those who possess the required
mandatory or peremptory requirement that
qualifications is a political and the person next in rank must be appointed to
administrative decision calling for the vacancy.
considerations of wisdom, convenience, o What Section 19 (3) of P.D. No.
utility and the interests of service which can 807, the Civil Service Law, provides
best be made by the head of the office is that if a vacancy is filled by a
concerned, the person most familiar with the promotion, the person holding the
organizational structure and environmental
position next in rank thereto "shall
circumstances within which the appointee
be considered for promotion.
must function.
 When, in the exercise of its rule-making
 In the case at bar, the respondent
power, it promulgated Section 4 of its earlier
Commission itself acknowledged that both Resolution No. 83-343, the Commission
petitioner Abila and respondent Eleria are clearly exceeded the scope of its statutory
legally qualified for the position in question.
authority since the Civil Service law itself,
 Having made the determination, the in Section 19 (3) of P.D. No. 807, had
Commission had exhausted its powers and simply provided that persons next in rank
may not act any further except to affirm the who are qualified "shall be considered for
validity of petitioner's appointment. More promotion." The current regulation found in
specifically, the Commission had no Section 2 of Rule III of the Commission's
authority to revoke petitioner's appointment Resolution No. 89-779 is, fortunately, more
because the Commission believed that consistent with the Commission's enabling
private respondent Eleria was better statute
qualified for the position involved; the
Commission's acts in this respect constituted
an encroachment upon a discretionary Madenilla v. CSC; February 19, 1991;
authority vested by law in the Quezon City Gutierrez, J.
Mayor and not in the Commission.
 The Court notes that a vacant position in the Facts:
Civil Service may be filled by promotion,
Petitioner Ardeliza Medenilla was a contractual
transfer of present employees, reinstatement
and re-employment or appointment of employee of the Department of Public Works
outsiders who have the necessary eligibility. and Highways (DPWH) occupying the position
 The next-in-rank rule invoked by respondent of Public Relations Officer II. In 1987,
Commission to justify its choice of Medenilla was detailed/assigned as Technical
respondent Eleria over petitioner Abila,
Assistant in the Office of the Assistant Secretary Ratio:
for Administration and Manpower Management.
 The essence of due process is the
opportunity to be heard. The presence of a
party is not always the cornerstone of due
Pursuant to Executive Order No. 124 dated process. What the law prohibits is not the
January 30, 1987, a reorganization ensued absence of previous notice but the absolute
within the DPWH and all the positions therein absence thereof and lack of opportunity to
were abolished. A revised staffing pattern be heard.
together with the guidelines on the selection and  Any defect was cured by the filing of a
placement of personnel was issued. motion for reconsideration.

Included in the revised staffing pattern is the WON CSC committed GAD in disapproving her
contested position of Supervising Human appointment –
Resource Development Officer. Petitioner was
appointed to the disputed position.  The Qualifications of the contested position
are as follows:
Respondents Amparo Dellosa, Rosalinda Juria o EDUCATION - Bachelor’s degree
and Marita Burdeos together with Matilde relevant to the job with at least 9
Angeles, Catalina Espinas, Alicia Nercelles and units in post
Ramon Racela, all of whom are employees in o EXPERIENCE - 2 years of
the Human Resource Training and Material experience in human resource
Development Division, Administrative and development
Manpower Management Service of the DPWH, o CIVIL SERVICE ELIGIBILITY-
jointly lodged a protest before the DPWH task Manpower-Youth Development
Officer, Manpower Development
force on reorganization contesting the
Officer, Relevant RA 1080,
appointment of the petitioner to the position. Relevant Second Level Eligibility
The protestants alleged that since they are next- Career Service (Professional), First
in-rank employees, one of them should have Grade Supervisor
been appointed to the said position.  It is not disputed that the petitioner
possesses the appropriate civil service
Task force on reorganization dismissed the eligibility and requisite educational
protest. background.
 The controversy then centers on the
CSC disapproved the appointment of Madenilla experience of the petitioner.
and directed the appointing authority to choose o The CSC contends that the
among the protestant to promote to such experience of Medenilla is basically
position. Held that Medenilla does not possess in the field of journalism and not in
the required qualifications for the position. Human Resource Development.
Further, Mendenilla was a contractual employee The Commission also alleges that
while the protestants were permanent. MR since the petitioner is merely a
denied contractual employee, in the
absence of superior qualifications,
Issue: the private respondents must be
preferred not only for the reason that
WON resolutions were issued by the they are permanent career service
Respondent Commission, without giving notice employees but most especially
to the petitioner of the existence of an appeal because they are next-in-rank to the
filed before the CSC, thereby denying the disputed position.
petitioner due process of law. – No
o Finally, the public respondent o "She participated in the preparation
advances the view that, since the and dissemination of the corporate
Revised Administrative Code of planning processes installed and
1987 now provides that the institutionalized in the DPWH.
Commission shall "take appropriate Corporate Planning was introduced
action on all appointment" its by Secretary Fiorello R. Estuar and
authority, therefore, is no longer is now being implemented in all
limited to the mere approval or government offices as instructed by
disapproval of appointments the President.
submitted to it. o "She conducted
 A careful review of the records of the case, orientation/reorientation courses in
will reveal that the petitioner possesses the DPWH Regional Offices on (a)
requisite experience for the contested Management By Objectives and
position. Results Evaluation, the Performance
 The petitioner, not only was a cum laude Appraisal System, and (b) a
graduate from the University of the specifically designed Performance
Philippines, she has also acquired plenty of Appraisal System for DPWH
experience in the field of Human Resource District Engineers and Division
Development, to wit: Chiefs, being officially used by the
o "She was rated and ranked number DPWH.
one in the Trainor's Training o "She participated in the
Program (120 hours) conducted for conceptualizing and drafting of the
the DPWH by the Phil-Tao, Inc., a Department Order on the DPWH
private firm. Ms. Dellosa was Incentives and Awards System, set
ranked number 7, Mrs. Juria was up in compliance with RA No.
ranked number 10; Mrs. Burdeos 6713."
did not attend the seminar. This  The public respondent failed to consider that
training program was undertaken to the petitioner, in her one year and seven
strengthen the capabilities of HRD months experience with Guthrie-Jensen, was
personnel, and to make them more engaged in research relating to performance
effective in the discharge of their appraisal systems and merit promotion
functions. systems which duties are all related to
o "She is a recipient of a special Human Resource Development.
commendation, given by Executive o Precisely, it was because of her
Director Remedios I. Rikken of the experience with Guthrie-Jensen, that
National Commission in the Role of the petitioner was detailed from
Filipino Woman, for her efficiency January 1987 until December 1988
and exemplary performance as a in the Office of the Assistant
facilitator in the conduct of the Secretary for Administration and
workshops during the Second Manpower Management, where she
Congress of Women in was asked to assist in human
Government. resource planning.
o "She obtained in her on-going MBA  The petitioner possesses these skills in more
studies at the De La Salle than appropriate quantities.
University, which she pursued as an  It can be readily seen that the petitioner
entrance scholar, the highest grade possesses superior qualifications. As earlier
of 4.0, equivalent to 'Excellent' in 2 stated, she is a cum laude graduate of the
HRD related subjects - University of the Philippines.
Organizational Management which  She was ranked No. 1 in the department
call for the integration of concepts wide training program handled by a private
with concrete experience.
firm. Two of the respondents were ranked  The reason behind P.D. No. 907 (which
way below while a third did not even grants civil service elibility to college
participate. graduates with at least cum laude honors) of
 She was commended for exemplary attracting honor graduates into the public
performance as facilitator during the Second service would be negated if they always
Congress of Women in Government. She have to start as Clerk I and wait for
received the highest grades from De La hundreds of deadwood above them to first
Salle University in her MBA studies. go into retirement before they can hope for
 She helped draft the human resource significant and fulfilling assignments.
program for the entire DPWH. Inspite of  In this case, the contested position was
her being a new employee, she was assigned created in the course of reorganization. The
to conduct seminars on Performance position appears to be a new one. The
Appraisal Systems and on Management by applicability, therefore, of the next-in-rank
Objectives and Results for the DPWH. rule does not come in clearly. Besides, as
 She was precisely drafted from a private earlier stated, said rule is not absolute.
firm to assist in human resource planning for There are valid exceptions.
the DPWH. Her work is apparently highly  Granting for the sake of argument that the
satisfactory as the top administrators of the case involves a promotional appointment,
DPWH not only appointed her but have the next-in-rank rule must give way to the
asked the respondent Commission to exigencies of the public service. The intent
validate the appointment. of the Civil Service Law is not merely to
 Undoubtedly, old employees should be bestow upon permanent employees the
considered first. But it does not necessarily advantage arising from their long
follow that they should then automatically employment but most specially, it is to
be appointed. foster a more efficient public service. Any
 The preference given to permanent other factor must, therefore, yield to the
employees assumes that employees working demand for an effective government, which
in a Department for longer periods have necessarily entails the appointment of
gained not only superior skills but also competent, qualified and proficient
greater dedication to the public service. personnel.
 This is not always true and the law,
moreover, does not preclude the infusion of
Lusterio v. IAC; July 16, 1991; Davide, J.
new blood, younger dynamism, or necessary
talents into the government service. If, after Facts:
considering all the current employees, the
Department Secretary cannot find among The Office of Supply Officer III (Division of
them the person he needs to revive a Quezon) was rendered vacant when Epifanio
moribund office or to upgrade second rate Pareño retired.
performance, there is nothing in the Civil
Service Law to prevent him from reaching Plaintiff PALOMAR was appointed to the
out to other Departments or to the private position of Supply Officer III by Mr. Lorenzo G.
sector provided all his acts are bona fide for Caesar, Director of the Ministry of Education
the best interest of the public service and the and Culture (MEC), Region IV, on
person chosen has the needed qualifications. recommendation by the then Division
 In the present case, there is no indication Superinrentendent (sic) of Schools, Saturnino
that the petitioner was chosen for any other Magturo, which appointment was issued on
reason except to bring in talented person December 5, 1977 but made effective April 11,
with the necessary eligibilities and 1977 and which appointment was 'permanent'
qualifications for important assignments in
but qualified by the condition typewritten on its
the Department.
fact that it is 'subject to the final outcome' of the The trial court ruled that pursuant to Section
protest filed by Jose Lusterio 19(3) of P.D. No. 807 (The Civil Service
Decree) and the Rules on Personnel Actions and
Policies promulgated by the Civil Service
PALOMAR assumed office on April 11, 1977 at Commission on next-in-rank positions, the
a time when Mr. Parreño, the retiree was still on position of Supervisory Fiscal Clerk previously
terminal leave occupied by private respondent, is immediately
next to the contested position in the
That the MEC denied LUSTERIO'S protest on organizational chart of the Division of Quezon
the ground of lack of merit, ruling that Mr. for the Administrative Staff.
Palomar meets all the requirements for
appointment as Supply Officer III i.e., next in Upon the other hand, petitioner, prior to his
rank, competence and qualifications and appointment to the contested position, was
appropriate civil service eligibility, this office Supply Officer I in Lucban National High
finds the protest of Mr. Lusterio without merit School in Lucban, Quezon; consequently, he
and holds that the enclosed appointment of the does not belong to the organizational unit where
former be not disturbed. MR denied the vacancy exists.

LUSTERIO filed an appeal to the OP. The Circular No. 5, Series of 1963 of the then
appeal of LUSTERIO was endorsed for Ministry of Education, Culture and Sports
comment to the CIVIL SERVICE provides that "for reasons of equity and morale,
COMMISSION. The Civil Service Commission fully qualified employees within the
referred the appeal for comment and organizational unit, all circumstances being
recommendation to the Secretary of Education equal, should have first call upon promotional
and Culture. The MEC reiterated its decision. opportunities,"

On September 3, 1978 the Civil Service Unable to accept that decision, petitioner herein
Commission thru the Merit System Board appealed to the then Intermediate Appellate
recommended the rescission of the appointment Court. He asks said Court to overturn the
issued in favor of PALOMAR appointing him to decision of the trial court because it erred in
be not a qualified next in rank employee and declaring valid, effective, and in accordance
recommended further the appointment of with law the appointment of private respondent
LUSTERIO who according to its findings as Supply Officer III the Intermediate Court
occupies a functionally related position and rules that the appeal has no merit and sustains
qualified thereto as next in rank the findings and conclusion of the trial court that
private respondent has a better right to the
By virtue of the recommendation of the Merit contested position than petitioner because the
System Board, OP rendered a decision on the latter, unlike the former, does not belong to the
appeal of LUSTERIO, rescinding the organizational unit where the vacancy exists. It
appointment of PALOMAR in favor of further holds that private respondent possesses
LUSTERIO the requisite educational competence and civil
The said appointment was received by the Civil service eligibility, has completed in-service
Service Commission and approved as training courses on supply and property
'permanent' subject to no condition. Defendant management and had performed the duties of
LUSTERIO assumed office as Division Supply Supply Officer III from April 1977 up to
Officer III. MR of plaintiff PALOMAR was October 1979.
dismissed for lack of merit by OP Issue:
WON IAC erred in holding that Palomar has a vacancy occurs in a position in the second
better right to the contested position – NO level of the Career Service, the employee in
the government service who occupies the
Ratio: next lower positions in the occupational
group under which the vacant position is
 Palomar was a Supervising Fiscal Clerk classified and in other functionally related
before his appointment to the contested occupational groups and who are competent,
position. His functions then covered an
qualified and with the appropriate civil
aspect of supply activities, i.e., the fiscal
service eligibility, "shall be considered for
requirements of supplies and materials for promotion". It does not say "shall be
the division office. Moreover, he had promoted".
completed in service courses in supply and
property management. As correctly ruled by
the Secretary of Education and Culture, and People v. Reyes (RTC Judge); August 14,
held by the trial court and the respondent 1995; Puno, J.
IAC, Palomar meets all the requirements for
the position of Supply Officer III. Even if Facts:
We grant for the sake of argument that
Lusterio is also qualified, the appointing Respondent Buenaventura C. Maniego,
authority had the discretion to determine Collector of Customs, Collection District II,
who of those qualified should be appointed Bureau of Customs, Manila International
to the contested position. Container Port (MICP), issued MICP Customs
 It was an error for both courts below to Personnel Order No. 21-92 dated January 10,
restrictively limit the concept of next-in- 1992 assigning Jovencio D. Ebio, Customs
rank to the organizational unit where the Operation Chief, MICP to the Office of the
vacancy occurs, which is, in this case, the Deputy Collector of Customs for Operations as
division office of Quezon and more Special Assistant. The actual transfer of Ebio
specifically, to the Administrative Staff was made on January 14, 1992.
therein.
 Section 3 of Rule V on Promotions of the Ebio filed with the COMELEC a letter-
Civil Service Rules on Personnel Actions complaint protesting his transfer. Ebio claimed
and Policies: “A next-in-rank position refers that his new assignment violated COMELEC
to a position which, by reason of the Resolution No. 2333 and Section 261 (h) of B.P.
hierarchical arrangement of positions in the Blg. 881, the Omnibus Election Code (OEC),
Department or agency or in the government, which prohibit the transfer of any employee in
is determined to be in the nearest degree of the civil service 120 days before the May 11,
relationship to a higher position taking into
1992 synchronized national and local elections.
account the following: (1) organization
structure/s as reflected in the approved
organizational chart/s; (2) classification
and/or functional relationships; (3) salary After a preliminary investigation, the
and/or range allocation; and (4) COMELEC filed an information with the RTC
geographical location.” charging respondent Maniego with a violation of
 The organizational unit is not the sole Section 261 (h) of OEC.
criterion. And even if We have to further
concede that Lusterio then occupied a next- Maniego moved to quash the information on the
in-rank position, that fact alone did not make ground that the facts alleged do not constitute an
it mandatory for the appointing power to offense. He contended that the transfer of Ebio
appoint him to the contested position. on January 14, 1992 did not violate B.P. Blg.
 Section 19(3) of PD 807 (Civil Service 881 because on that date the act was not yet
Decree) merely provides that when a punishable as an election offense. It purportedly
became punishable only on January 15, 1992, predict. Without this inherent prerogative,
the date of effectivity of COMELEC Resolution the appointing authority may not be able to
No. 2333 implementing Section 261 (h) of B.P. cape with emergencies to the detriment of
Blg. 881. RTC granted motion to quash public service.
 Clearly then, the transfer or detail of a
Issue: government officer or employee will not be
penalized by Section 261 (h) of B.P. Blg.
WON Maniego violated the transfer prohibition 881 if done to promote efficiency in the
– NO government service.
 Sec. 261. Prohibited acts. The following  Hence, Section 2 of Resolution No. 2333
shall be guilty of any election offense: provides that the COMELEC has to pass
o (h) Transfer of officers and upon the reason for the proposed transfer or
employees in the civil service. Any detail, viz: "Any request for authority to
public official who makes or causes make or cause any transfer or detail of any
any transfer or detail whatever of officer or employee in the civil service,
any officer or employee in the civil including public school teachers, shall be
service including public school submitted in writing to the Commission
teachers, within the election period indicating therein the office and place to
except upon prior approval of the which the officer or employee is proposed to
Commission be transferred or detailed, and stating the
reason therefor.
 The Constitution has fixed the election
period for all elections to commence ninety  Prescinding from this predicate, 2 elements
(90) days before the day of election and end must be established to prove a violation of
thirty (30) days thereafter, unless otherwise Section 261 (h) of B.P. Blg. 881, viz:
fixed in special cases by the COMELEC. (1) The fact of transfer or detail of a
For the May 11, 1992 synchronized national public officer or employee within the
and local elections, the COMELEC fixed a election period as fixed by the
longer election period of one hundred COMELEC, and
twenty (120) days before the scheduled
(2) the transfer or detail was effected
elections and thirty (30) days thereafter. It
issued Resolution No. 2314 on September without prior approval of the
23, 1991 primarily adopting therein a COMELEC in accordance with its
calendar of activities. In the process, it implementing rules and regulations.
designated January 12, 1992 to June 10,
1992 as the election period
 On January 2, 1992, the COMELEC  In the case at bench, respondent Maniego
promulgated Resolution No. 2328 for the transferred Ebio, then the Customs
sole and specific purpose of fixing for the Operation Chief, MICP to the Office of the
said elections the election period from Deputy Collector of Customs for Operations
January 12, 1992 to June 10, 1992 as Special Assistant on January 14, 1992.
 It ought to be immediately obvious that  On this date, January 14, 1992, the election
Section 261 (h) of B.P. Blg. 881 does period for the May 11, 1992 synchronized
not per se outlaw the transfer of a elections had already been fixed to
government officer or employee during the commence January 12, 1992 until June 10,
election period. 1992.
 To be sure, the transfer or detail of a public  As aforestated, this election period had been
officer or employee is a prerogative of the determined by the COMELEC in its
appointing authority. It is necessary to meet Resolution No. 2314 dated November 20,
the exigencies of public service sometimes 1991 and Resolution No. 2328 dated
too difficult to perceive and January 2, 1992.
o Nonetheless, it was only in Among those affected by the reassignment was
Resolution No. 2333 which took private respondent Salvador Nori Blas, who was
effect on January 15, 1992 that ordered to report to Revenue District No. 14 in
COMELEC promulgated the Tuguegarao, Cagayan. In turn, petitioner Solon
necessary rules on how to get its B. Alcantara was ordered to report to Blas'
approval on the transfer or detail of former post in San Fernando, Pampanga, now
public officers or employees during
known as Revenue District No. 21.
the election period.
o Before the effectivity of these rules, On December 15, 1993, private respondent
it cannot be said that Section 261 (h) wrote petitioner Commissioner requesting a
of B.P. Blg. 881, a penal provision, reconsideration of his transfer. He felt that his
was already enforceable. Needless accomplishments and performance had not been
to state, respondent Maniego could
taken into consideration in the reshuffle and that
not be charged with failing to secure
the approval of the COMELEC his transfer from what he thought is the larger
when he transferred Ebio on January revenue district of San Fernando, Pampanga to
14, 1992 as on that day, the rules of the smaller district in Tuguegarao, Cagayan was
the COMELEC on the subject were a demotion. He claimed that he was among the
yet inexistent. top ten examiners of Revenue Region No. 5 for
six consecutive years and that he was a model
Vinzons-Chato v. Natividad; June 2, 1995; employee in 1981. In addition, he mentioned
Mendoza, J. that he was a diabetic and that he needed to be
near his doctor, and could not endure long
Facts:
travels.
President Fidel V. Ramos issued E.O. No. 132,
entitled "Approving the Streamlining of the
Bureau of Internal Revenue." His letter unacted upon, private respondent filed
with the RTC a verified complaint for
Pursuant to this Order, Petitioner issued
"Injunction with Preliminary Injunction and
Revenue Administrative Order No. 5-93,
Temporary Restraining Order" against the
"Redefining the areas of jurisdiction and
Commissioner and petitioner Alcantara. He
renumbering of regional district offices."
alleged that the transfer without his consent from
The order subdivided the 19 revenue regions the revenue district in San Fernando, which was
provided for under the NIRC into 115 revenue formerly designated as a Class "A," to the
districts and renumbered the resulting revenue revenue district in Tuguegarao, which was
district office (RDOs). classified as a Class "C," with a smaller pool of
personnel and only one-fourth of the revenue
In addition, it abolished the previous capacity of Pampanga, would cause his
classification of RDOs into Class A-1, A, B, C, "dislocation" and demotion or "a diminution in
and D and provided that henceforth all RDOs rank, status, and span of duties and
shall be treated as the same class responsibilities."
Petitioner, citing the "exigencies of the revenue The respondent judge issued a TRO and set the
service," issued Revenue Travel Assignment hearing on the application for a writ of
Order No. 80-93 (RTAO 80-93), directing preliminary injunction which was eventually
ninety revenue district officers to report to new granted
assignments in the redesignated and renumbered
revenue district offices nationwide. Issue:
WON The transfer was valid – Yes
 Private respondent has shown no clear legal clear legal right; that such right has
right to the issuance of a writ of preliminary been violated; and that he is entitled
injunction but despite this fact the trial court to the relief he demands, consisting
issued his questioned order enjoining in restraining the commission of the
petitioner from transferring private acts complained of
respondent.  Private respondent's transfer is part of a
 In his complaint below, private respondent nationwide reshuffle or reassignment of
claimed that he was demoted because, the revenue district officers designed to improve
revenue district that is the northernmost revenue collection.
mainland province of Cagayan has only one-  More specifically the objective of the
fourth (1/4) the revenue capacity of reassignment, as stated in Revenue
Pampanga, plaintiff's present station Administrative Order No. 5-93, is "to
(Cagayan P45.5 million; Pampanga - P194.1 strengthen the decentralization of the
million; 87 BIR Annual Report); a Bureau's set-up for the purpose of
diminution in rank, status and span of duties maximizing tax assessments and revenue
and responsibilities; and a dislocation from collections, intensifying enforcement of
Pampanga, a province 100 kilometers north revenue laws and regulations and bringing
of Manila to Cagayan; over 500 kilometers the revenue service closer to the taxpaying
northeast of Manila public."
 But his transfer to the Tuguegarao revenue
district, as petitioner Commissioner
explained in her opposition to the  Private respondent failed to show patent
application for a writ of preliminary illegality in the action of the Commissioner
injunction, did not really entail any constituting violation of his right to security
diminution in rank, salary, status and of tenure. To sustain his contention that his
responsibilities. Private respondent's claim transfer constitutes a demotion simply
that the Tuguegarao revenue district is because the new assignment is not to his
smaller than that in San Fernando, liking would be to subordinate government
Pampanga has no basis because, as already projects, along with the great resources and
noted, the classification of RDOs into Class efforts they entail, to the individual
A-1, A, B, C and D has been abolished and preferences and opinions of civil service
all RDOs are now considered to be of the employees.
same class.  Such contention would negate the principle
 Nor did petitioner allege in his complaint that a public office is a public trust and that
below that he had a vested right to his post it is not the private preserve of any person.
as revenue district officer of Revenue In granting an injunction despite the absence
District No. 21 (formerly No. 18) in San of any legal right to be protected, respondent
Fernando, Pampanga. The trial court's order committed a grave abuse of its discretion.
granting the writ of preliminary injunction  Moreover, under the law, any employee who
cites no right of private respondent which questions the validity of his transfer should
might have been violated as a result of his appeal to the Civil Service Commission.
unconsented transfer to Tuguegarao. The Respondent judge should have dismissed the
only reason given for the writ of preliminary action below for failure of private
injunction is that it is needed to preserve the respondent to exhaust administrative
status quo until the issues can be "threshed remedies.
out in full blown trial."
o But the preservation of the status Vinzons-Chato v. Zeneroza; October 20,
quo is not alone sufficient to justify 2000; Buena, J.
the issuance of an injunction. The
plaintiff must show that he has a Facts:
Petitioner Liwayway Vinzons-Chato, then CIR, issued the now questioned RTAO 8-95. Private
issued Revenue Travel Assignment Order respondent now claims that the questioned
(RTAO) No. 8-95. Pursuant thereto, private RTAO 8-95, is tantamount to a demotion since
respondent Estrella V. Martinez, along with the position she was transferred to - Assistant
others, was reassigned from Assistant Revenue Division Chief, Collections Program Division
District Officer of Revenue District Office Chief, National Office - does not involve
(RDO) No. 34 - Paco - Pandacan - San Andres - assessment and is totally alien to the past
Sta. Ana area - to Assistant Division Chief, experience and skills of private respondent as an
Collection Programs Division, National Office Assistant Revenue District Officer of RDO 34.
in Quezon City, and assigned in her place, as Besides private respondent asserts that she will
Assistant Regional District Officer of RDO No. be dislocated since she has no experience in the
34 was Jacinto T. Marcelo. collection service, in violation of Executive
Order No. 132 dated October 26, 1993 which
Private respondent filed on April 4, 1995, with
prohibits the transfer of personnel resulting in
the Regional Trial Court of Quezon City, a
dislocation.
petition for injunction docketed as Civil Case
No. 95-23498 with prayer for issuance of a writ Trial court issued a TRO in an Order dated April
of preliminary injunction and temporary 28, 1995. Thereafter, in an Order dated May 18,
restraining order, to restrain petitioner Marcelo 1995, respondent Judge granted the writ of
from assuming the post of Assistant Regional preliminary injunction enjoining the
District Officer of RDO No. 34. implementation of RTAO 8-95
In that petition, private respondent alleged that SC issued TRO, to which Martinez replied that
prior to the questioned RTAO 8-95, the retiring she will be taking the appropriate legal remedies
Revenue Officer of RDO No. 34, Jose T. available to her by law since the 15 day period
Jacalan, wrote the BIR Commissioner endorsing for the TRO to be final and executory has not
and strongly recommending private respondents' yet elapsed. She went on leave of absence; thus,
promotion as Revenue Officer of RDO 34. the BIR suspended her on the ground of gross
Notwithstanding such recommendation, another insubordination. It ruled that Martinez did not
BIR employee Isidro Tecson Jr., was assigned need to go on leave of absence because she is
by the Commissioner in place of Jose T. Jacalan. ipso facto considered on leave of absence upon
her failure to comply with the RTAO. Because
This prompted private respondent to file with the
of the suspension, Martinez filed a motion to cite
Grievance Committee of the Department of
Chato in contempt alleging that such suspension
Finance a complaint for violation of Merit
order pre-empts any decision of the SC on the
Promotion Plan under BIR Memorandum Order
validity and legality of the RTAO. This motion
No. 39-93. On July 10, 1995 the Grievance
to cite Chato in contempt was denied, which
Committee issued a resolution enjoining the BIR
denial became final after the MR filed by
to strictly adhere to the established and CSC-
Martinez was denied by the SC. Martinez further
approved merit promotion plan in making the
claimed that she was compelled to use her
appointment to create equal opportunities for
accumulated leave credits amounting to over
advancement to all qualified and competent
350 working days in order to resist the RTAO.
employees of the BIR.
Thus, she prays for the nullification of the
According to private respondent, instead of unlawful orders of Chato so that her leave
complying with the said resolution, petitioner credits will be restored.
Chato, in a clear act of spite, whim, and
Issue:
vindictiveness against a subordinate employee
who dared to question petitioners' unlawful acts,
WON the CIR is authorized to assign or reassign failed to establish a valid claim or a vested
internal revenue officers and employees of the right to the post of Assistant Revenue
BIR as the exigencies of service may require, District Officer of RDO No. 34. Therefore,
without demotion in rank and salary in the respondent judge committed grave abuse
accordance with Civil Service Rules and of discretion in granting the writ of
Regulations – YES. preliminary injunction because private
respondent has no actual existing right
Ratio: which is infringed upon by RTAO No. 8-95.
 There is no merit in the argument of private
 The Commissioner of Internal Revenue is respondent that she will be demoted by her
authorized to assign or reassign internal transfer to the National Office, Collection
revenue officers and employees of the BIR Programs Division because she was
as the exigencies of service may require, reassigned to a position totally alien to her
without demotion in rank and salary in proven area of expertise in assessment. The
accordance with Civil Service Rules and authority of the BIR Commissioner to issue
Regulation. reassignment order has been upheld by this
 The primary reason why private respondent Court in an En Banc Decision dated June 2,
refuses to comply with RTAO 8-95 was 1995, in the case of Hon. Liwayway
because she took it as an act of Vinzons-Chato vs. Hon. Eli G. C. Natividad,
vindictiveness and reprisal on the part of the where we held that:
Commissioner, consequent to her filing a o "Private respondent failed to show
complaint against the assigned RDO of patent illegality in the action of the
RDO No. 34 Isidoro Tecson, Jr. (now Commissioner constituting violation
deceased), on the basis of a prior assignment of his right to security of tenure. To
order issued by the Commissioner. Nowhere sustain his contention that his
in the assignment order, RTAO 8-95, can it transfer constitutes a demotion
be gleaned that the reassignment was for the simply because the new assignment
purpose of harassing private respondent. In is not to his liking would be to
fact, private respondent was not the only one subordinate government projects,
reassigned to a new post. along with the great resources and
 Private respondent holds the appointment of efforts they entail, to the individual
Chief Revenue Officer II and such preferences and opinions of civil
appointment will not be altered by her service employees. Such contention
subsequent reassignment as Assistant would negate the principle that a
Division Chief of the Collection Programs public office is a public trust and
Division, National Office. Such that it is not the private preserve of
reassignment is not a demotion for there is any person."
no diminution of rank, salary, status and  In line with the said Decision, this Court
responsibilities. cannot sustain the contention of private
 Private respondent was merely assigned as respondent that she was forced to use more
Assistant Revenue District Officer of BIR than three hundred fifty (350) days of her
Revenue District Office No. 34 and the accumulated leave credits in order to resist
Commissioner may assign or reassign the assailed RTAO 8-95, and prays that her
revenue officers, as the exigencies of the leave credits be restored. The writ of
service may require. Such reassignment of preliminary injunction issued by the trial
revenue officers entails the prevention of court, which enjoined the transfer of private
familiarity and patronage between BIR respondent, was countermanded by the
officers and taxpayers of a particular area. temporary restraining order subsequently
 Accordingly, the injunction issued against issued by this Court, with the result that
the implementation of RTAO 8-95 was petitioner's transfer became effective again.
unwarranted because private respondent We therefore find that the trial court
committed a grave abuse of discretion in facing charges before the Legal Division, which
issuing the assailed writ of preliminary he, however, denied.
injunction.
The records disclose that on 16 April 1985,
Domingo B. Nunez, Research Specialist and
Republic and Corpuz v CA and Lopez; Chief of the Intellectual Emotional Development
February 26, 1990; Melencio-Herrera, J. Research Unit of the CYRC, tendered his
Facts: resignation as such "because I cannot stand the
harassment of the Assistant Director, Mr. Jose P.
Petitioner Corpuz and Respondent Lopez, Jr., Lopez, is doing to us employees. I am afraid I
were the former Director and Assistant Director, cannot continue working with dignity and with
respectively, of the now defunct Child and peace of mind in such situation."
Youth Research Center (CYRC) of the
Department of Education, Culture and Sports In another letter of the same date, Joseph D. de
(DECS). Petitioner Corpuz is a Doctor of los Santos, Senior Educational Researcher of the
Medicine while Respondent Lopez is a Bachelor CYRC, also reported on an act of harassment on
of Laws graduate but not yet a member of the his person by Respondent Lopez and concluding
Bar. Petitioner Republic of the Philippines "I doubt whether I can stay long enough with the
(DECS/CYRC) has joined Petitioner Corpuz in office with this kind of environment." On 7 May
this case, on the ground that the acts for which 1985, the "CYRC Staff Personnel and
she is taken to task by Respondent Lopez have Contractual Employees" of the CYRC wrote the
been performed in her official capacity. Education Minister calling attention to the
"prevailing sick situation in the Office" and
The "bad blood" between the parties complaining against the acts of harassment
commenced when Respondent Lopez protested "being done to the employees of this Office by
Petitioner Corpuz appointment as CYRC the Asst. Director, causing more harm than
Director on the ground that he had a better right good."
to the position. The dismissal of that protest by
the Civil Service Commission was affirmed by After about 6-1/12 months of re-assignment,
this Court. Then followed a series of cases, Respondent Lopez wrote a letter to Minister
approximately 49 in all, filed by Respondent Laya expressing his intention to resume his
Lopez against Petitioner Corpuz and/or some of official position as CYRC Assistant Director.
the CYRC Staff before different judicial and Having received no response, he returned to the
administrative fora. CYRC as Assistant Director without official
authorization.
The charges ranged from those of graft, grave
misconduct, dishonesty, inefficiency, and grave This prompted Petitioner Corpuz to issue 2
abuse of discretion. Most of the cases were Memoranda on 21 February 1985: The first was
dismissed, however, for having been found to be addressed to the CYRC Staff advising that
frivolous except one case before the Respondent Lopez would not be considered an
Ombudsman involving the same facts as in this active member of the Staff until he first secured
case, which is awaiting the outcome herein. the proper authorization for his transfer. The
other was addressed to Lopez himself requesting
On 11 July 1984, then MECS Minister Jaime C. him to submit an official order terminating his
Laya "temporarily detailed" Respondent Lopez "detail."
to the MECS Legal Office until further advice
"in the exigencies of the service." Sometime In his reply, dated 22 February 1985,
later, he was transferred to the Planning Service Respondent Lopez insisted on the validity of his
Office of the MECS, it appearing that he was resumption of office stating that "no one can be
detailed for more than 3 months without the Quisumbing ordered such payment but the same
written consent of the employee concerned" and was later reconsidered and recalled upon query
that "detailed assignment beyond 6 months has from Petitioner Corpuz regarding the matter.
to be approved by the CSC and the Office of the
RTC rendered a "Partial Decision" ordering
President." He also admonished Petitioner
Petitioner Corpuz to take official cognizance of
Corpuz to recall and/or rectify her memoranda.
Respondent Lopez's attendance at the CYRC: to
On 15 March 1985, Petitioner Corpuz addressed pay his salaries corresponding to the period from
another memorandum to Respondent Lopez 23 April 1985 "to date"; and setting the case for
insisting on his compliance with her directive further hearing to determine the actual amount
and requiring him, effective on the same date, to of damages allegedly sustained by him.
submit a record of his attendance duly signed by
Petitioner appealed to Respondent Court of
the Chief of the MECS Planning Service or an
Appeals. During the pendency thereof, the
approved application for leave of absence
CYRC was abolished and both Petitioner and
before. he could be entitled to his salary. Just the
Respondent were retired from Government
same, Petitioner allowed the payment of
service. Nevertheless, neither one could draw
Respondent's salaries and allowances for the
retirement benefits in view of the pendency of
period 18 February 1985 to 22 April 1985, but
this suit.
withheld those corresponding to the period 23
April to 14 August 1985 because of CA affirmed in toto
Respondent's refusal to comply with her
directive to return to the MECS Central Office. Issue:

On 1 April 1985, Respondent Lopez filed a WON Petitioner Corpuz was justified in refusing
Petition for mandamus with Damages against to take official cognizance of Respondent
Petitioner Corpuz, Minister Laya, and the Chief, Lopez's attendance as Assistant Director at the
Administrative Services, before the RTC. CYRC and in withholding his salaries
During the pendency of the case or, on 7 August corresponding to the period - YES
1985, then Minister Laya advised Respondent Ratio:
Lopez that his "temporary detail" in the Planning
Service Office of the Ministry had been rectified  It will be recalled that Respondent Lopez
to "temporary assignment" effective 3 returned to the CYRC at his own instance
September 1984, to continue until further without any authorization from higher
advice, and that approval from the office should authorities. Petitioner Corpuz as CYRC
first be secured before returning to the CYRC. Director, officially advised him to secure
Respondent requested such clearance but since it that clearance, but he adamantly refused to
obey a directive from his immediate
was left unanswered, he returned to the MECS
superior.
Central Office presumably around 14 August
 Under the circumstances, Petitioner Corpuz
1985. Laya was later dropped as a party as head of the office, was left with no
In a 1st Indorsement, dated 16 October 1985, alternative but to withhold recognition of his
Petitioner Corpuz was informed by the Deputy attendance at the CYRC. To maintain
discipline in the office, and in the interests
Minister of Education that the Ministry had
of the service, she could do no less.
approved the release of Respondent's salaries for
 Respondent Appellate Court, however,
the period 23 April to 14 August 1985. This was
affirmed the finding of the Trial Court that
reiterated by Minister Laya in his Fifth the DECS Minister's directive to Respondent
Indorsement, dated 9 December 1985. Similarly, Lopez was "defective" in that the term
on 20 March 1986, then Secretary Lourdes "detail" was used instead of "re-
assignment," which would have been the counsel." Mitigating such sanction,
proper terminology. however, is the provocation given by
 Indeed, a "detail" is the movement from one Respondent Lopez, his open defiance of
Department or Agency to another which is authority, and oppressive behavior towards
temporary in nature (Section 4, Rule VI, his co-employees.
Civil Service Rules on Personal Actions and  It is inaccurate for Respondent Lopez to
Policies) whereas a "re-assignment" is the allege that he was paid his salaries for 18
movement of an employee from one February to 22 April 1985 without
organizational unit to another in the same submission of his official time records. As
Department or Agency (Section 5, Ibid.). certified to by the CYRC Disbursing Officer
 Be that as it may, the official intent of the on 22 May 1985, he received his salary for
directive was clear to move Respondent the second half of March 1985 on 2 April
Lopez away from the CYRC and locate him 1985 after he submitted his time card for the
in the head office, "in the exigencies of the month of March.
service." Besides, proper rectification was  It was only from 23 April 1985 to 14 August
made by Minister Laya on 7 August 1985 1985 that his salaries and allowances were
retroactive to 3 September 1984. again withheld upon petitioner's instructions
 As matters stood, Respondent Lopez after she had received official confirmation
brought upon himself the withholding of his from MECS in the latter's 1st Indorsement,
salaries. When he reported back to the dated 22 April 1985, that prior MECS
CYRC on 18 February 1985 he did so at his authorization was, in fact, required before he
own instance without prior authorization. could return to the CYRC. In this
 He was advised to secure such clearance on connection, it was reversible error, therefore,
21 February 1985 but he refused. The for both lower Courts to have ordered
directive to obtain the same was reiterated payment of Respondent's salaries from 23
on 27 February 1985 by Petitioner Corpuz. April 1985 "to date."
 Instead of complying, he addressed a letter  Petitioner Corpuz had not acted in bad faith
on 6 March 1985 to the Deputy Minister in seeking clarification of the directives to
requesting clarification. He was given the pay issued by the Education Department.
same opinion. On 15 March 1985, he was  Those were given only during the pendency
again reminded and was required to submit a of the case below besides the fact that the
record of his attendance duly signed by the order of Secretary Lourdes Quisumbing,
Chief of the MECS Planning Services or an who succeeded Minister Laya, to pay
approved application for leave of absence Respondent Lopez's salaries was later
before he could be entitled to his salary. withdrawn by her for further review.
 He reacted by stating that the requirement
was "superfluous." And when he did
comply, discrepancies were discovered CSC v. Pacheo; Januray 25, 2012; Mendoza,
between his submissions and those in the J.
CYRC logbook. Respondent Lopez was Facts:
himself, therefore, recreant in complying
with the requirements for the release of his Pacheo was a Revenue Attorney IV, Assistant
salaries. Chief of the Legal Division of the BIR in
 It is true that Petitioner Corpuz had issued Revenue Region No. 7, Quezon City
memoranda, dated 19 December 1985 and 7
January 1986, suggesting that Respondent BIR issued Revenue Travel Assignment Order
Lopez withdraw his suit for mandamus in (RTAO) No. 25-2002, ordering the reassignment
order to expedite the release of his salaries. of Pacheo as Assistant Chief, Legal Division
 For this, she deserves censure specially from RR7 in Quezon City to RR4 in San
since it was done "against the advice of her Fernando, Pampanga. The BIR cited exigencies
of the revenue service as basis for the issuance W/N Pacheos assignment constitutes
of the said RTAO. constructive dismissal and, thus, entitling her to
reinstatement and backwages. Was Pacheo
Pacheo questioned the reassignment through her
constructively dismissed by reason of her
Letter dated May 9, 2002 addressed to Rene G.
reassignment? – YES
Banez, then CIR. She complained that the
transfer would mean economic dislocation since Ratio:
she would have to spend ₱200.00 on daily travel
expenses or approximately ₱4,000.00 a month. It  While a temporary transfer or assignment of
personnel is permissible even without the
would also mean physical burden on her part as
employee's prior consent, it cannot be done
she would be compelled to wake up early in the
when the transfer is a preliminary step
morning for her daily travel from Quezon City toward his removal, or a scheme to lure him
to San Fernando, Pampanga, and to return home away from his permanent position, or when
late at night from San Fernando, Pampanga to it is designed to indirectly terminate his
Quezon City. She was of the view that that her service, or force his resignation. Such a
reassignment was merely intended to harass and transfer would in effect circumvent the
force her out of the BIR in the guise of provision which safeguards the tenure of
exigencies of the revenue service. In sum, she office of those who are in the Civil Service.
considered her transfer from Quezon City to  Significantly, Section 6, Rule III of CSC
Pampanga as amounting to a constructive Memorandum Circular No. 40, series of
dismissal. 1998, defines constructive dismissal as a
situation when an employee quits his work
because of the agency heads unreasonable,
humiliating, or demeaning actuations which
Due to the then inaction of the BIR, Pacheo filed render continued work impossible. Hence,
a complaint before the CSC- National Capital the employee is deemed to have been
Region (CSC-NCR), praying for the illegally dismissed.
nullification of RTAO No. 25-2002, it treated o This may occur although there is no
Pacheos Complaint as an appeal and dismissed diminution or reduction of salary of
the same, without prejudice, for failure to the employee. It may be a transfer
comply with Sections 73 and 74 of Rule V(b) of from one position of dignity to a
the Uniform Rules on Administrative Cases in more servile or menial job.
the Civil Service.  The CSC, through the OSG, contends that
the deliberate refusal of Pacheo to report for
Pacheo appealed her case before the CSC. work either in her original station in Quezon
Granted. RTAO was not valid and ordered City or her new place of assignment in San
Pacheo to be recalled to her previous Fernando, Pampanga negates her claim of
assignment, but withholding by the BIR of constructive dismissal in the present case
Pacheos salary for the period she did not report being in violation of Section 24 (f) of P.D.
to work is justified (no work, no pay). 807 [now Executive Order (EO) 292, Book
V, Title 1, Subtitle A, Chapter 5, Section 26
MR of Pacheo denied (6)].
 It further argues that the subject RTAO was
CA reversed –finding petitioner to have been immediately executory, unless otherwise
constructively dismissed and ordering her ordered by the CSC. It was, therefore,
immediate reinstatement with full backwages incumbent on Pacheo to have reported to her
and benefits new place of assignment and then appealed
her case to the CSC if she indeed believed
Issue: that there was no justification for her
reassignment.
 Anent the first argument of CSC, the Court movement from one agency to another while
cannot sustain the proposition. It was legally a reassignment requires a movement within
impossible for Pacheo to report to her the same agency.
original place of assignment in Quezon City  Moreover, pending appeal with the CSC, an
considering that the subject RTAO No. 25- order to detail is immediately executory,
2002 also reassigned Amado Rey B. whereas a reassignment order does not
Pagarigan (Pagarigan) as Assistant Chief, become immediately effective.
Legal Division, from RR4, San Fernando,  In the case at bench, the lateral movement of
Pampanga to RR7, Quezon City, the very Pacheo as Assistant Chief, Legal Division
same position Pacheo formerly held. The from Quezon City to San Fernando,
reassignment of Pagarigan to the same Pampanga within the same agency is
position palpably created an impediment to undeniably a reassignment. The OSG posits
Pacheos return to her original station. that she should have first reported to her
 The Court finds Itself unable to agree to new place of assignment and then
CSCs argument that the subject RTAO was subsequently question her reassignment. It is
immediately executory. The Court deems it clear, however, from E.O. 292, Book V,
necessary to distinguish between a detail and Title 1, Subtitle A, Chapter 5, Section 26 (7)
reassignment, as they are governed by that there is no such duty to first report to
different rules. the new place of assignment prior to
 A detail is defined and governed by questioning an alleged invalid reassignment
Executive Order 292, Book V, Title 1, imposed upon an employee. Pacheo was
Subtitle A, Chapter 5, Section 26 (6), thus: well within her right not to report
o (6) Detail. A detail is the movement immediately to RR4, San Fernando,
of an employee from one agency to Pampanga, and to question her
another without the issuance of an reassignment.
appointment and shall be allowed,  Reassignments involving a reduction in
only for a limited period in the case rank, status or salary violate an employees
of employees occupying security of tenure, which is assured by the
professional, technical and scientific Constitution, the Administrative Code of
positions. If the employee believes 1987, and the Omnibus Civil Service Rules
that there is no justification for the and Regulations.
detail, he may appeal his case to the  Security of tenure covers not only
Commission. Pending appeal, the employees removed without cause, but also
decision to detail the employee shall cases of unconsented transfers and
be executory unless otherwise reassignments, which are tantamount to
ordered by the Commission. illegal/constructive removal.
 On the other hand, a reassignment is defined  The Court is not unaware that the BIR is
and governed by E.O. 292, Book V, Title 1, authorized to assign or reassign internal
Subtitle A, Chapter 5, Section 26 (7), thus: revenue officers and employees as the
o (7) Reassignment.An employee may exigencies of service may require. This
be reassigned from one authority of the BIR, however, should be
organizational unit to another in the prudently exercised in accordance with
same agency; Provided, That such existing civil service rules.
reassignment shall not involve a  Having ruled that Pacheo was constructively
reduction in rank, status or salaries. dismissed, is she entitled to reinstatement
 The principal distinctions between a detail and back wages? The Court agrees with the
and reassignment lie in the place where the CA that she is entitled to reinstatement, but
employee is to be moved and in its finds Itself unable to sustain the ruling that
effectivity pending appeal with the CSC. she is entitled to full back wages and
Based on the definition, a detail requires a benefits. It is a settled jurisprudence that an
illegally dismissed civil service employee is for two cases both involving dishonesty, abuse
entitled to back salaries but limited only to a of privileges and character unbecoming a
maximum period of five (5) years, and not government official,
full back salaries from his illegal dismissal
up to his reinstatement. (c) improper, inappropriate and devoid of moral
justification, and (d) a violation of Civil Service
rules and regulation considering that it violates
the rule on nepotism since Epitacio Lanuza and
Teotico v. Agda; May 29, 1991; Davide, J. Administrator Lanuza are cousins

Facts: Earlier however, or on 11 December 1987, by


Special Order No. 239, series of 1987,
Honorable Cesar Lanuza, then Administrator of Administrator Lanuza designated Mr. Wilfredo
the Fiber Development Authority (FIDA for Seguritan, Supervising Fiber Development
short), an agency attached to the Department of Officer, as Officer in Charge of FIDA Region I
Agriculture, appointed Agda as CHIEF FIBER vice Mr. Epitacio Lanuza, Jr., who was ordered
DEVELOPMENT OFFICER (Range 73) of the relieved as such pending the final determination
FIDA effective upon assumption of office. This of the case filed against him by the Board of
appointment does not indicate any specific Personnel Inquiry of the Department of
station or place of assignment. Agriculture.
Under Special Order No. 29, which was to take On 7 January 1988, herein petitioner (hereafter
effect immediately and to "remain in force until referred to as Teotico), as Acting Administrator
revoked," Administrator Lanuza designated of FIDA issued a Memorandum to Agda
Agda as "Acting Regional Administrator for directing him to immediately submit his
FIDA Regions I and II. development programs for Region I for the years
In Special Order No. 219 dated 13 November 1988 to 1993 and his proposals concerning the
1987, series of 1987, Administrator Lanuza potentials for sericulture and the maguey
"temporarily re-assigned" Agda, "in the interest industry in the Region
of the service," at the main office of the In his 1st indorsement of 12 January 1988, Agda
Administrator to perform special functions returned the aforesaid Memorandum to Teotico
which may be assigned to him, and one Mr. with the comment that it is in the best interest of
Epitacio Lanuza, Jr., Assistant Fiber Regional the service that submission of the required
Administrator, was designated Officer in Charge proposals be deferred since Special Order No.
of FIDA Region I 219 had re-assigned him to FIDA Central Office
Agda prepared for filing with the Civil Service where "he now reports up to the present," while
Commission, the Secretary of the Department of Wilfredo Seguritan, per Special Order No. 239,
Agriculture, and the Commission on Audit an is the OIC of FIDA for the Region. He
Urgent Petition To Stop Implementation and suggested, however, that if compliance is
Nullify Special Order No. 219, alleging therein imperative, Special Order No. 219 should be
that the Special Order is reconsidered and set aside.

(a) devoid of legal basis as it does not preserve


and maintain a status quo before the On 2 March 1988 Teotico issued a
controversy, Memorandum to Agda informing him that
(b) against the interest of public service although Special Order No. 219 instructed him
considering that Epitacio Lanuza has been cited to report to the Office of the Administrator, he
has neither been seen nor officially heard from
during the past several weeks and directing him Teotico thus placed Agda under preventive
to submit not later than 4 March 1988 an official suspension
clarification on his whereabouts and
Agda filed with the court below his Petition for
accomplishments for the past three weeks
Certiorari, Prohibition and
Agda reminded Teotico that his urgent petition
Injunction with preliminary injunction and
to stop the Implementation of Special Order No.
restraining order against Teotico and the
219 is still unresolved; consequently, its
implementation should be held in abeyance; and, 3 members of the FIDA-AC alleging, in
as regards his whereabouts, he referred Teotico substance,
to the logbook kept by the FIDA guard and
certificates of appearance "attached from the that SO 219 is null and void for having been
respective offices during the past three (3) issued in violation of Section 48 of P.D. No. 807
weeks." (Civil Service Decree) which prohibits the detail
or re-assignment of civil service personnel
On 9 March 1988 FIDA Region I OIC, Mr. within three months before an election and
Seguritan, requested Teotico to require Agda to Section 261(h) of Batas Pambansa Blg 881 (The
turn over to him (Seguritan) the keys of the vault Omnibus Election Code) which prohibits
in FIDA Region I "for the safekeeping of our transfer or detail of officers and employees in
blank cheeks, official receipts, approved checks the civil service within the election period
but not yet issued to payee creditors, salaries and except upon prior approval of the COMELEC,
other vital official documents of the Region"; in and that all succeeding orders or memoranda
a routing slip dated 11 March 1988, Teotico issued in connection with or by reason of such
referred the request to Agda with the note: "For Special Order or in implementation thereof are
immediate compliance pls. so as not to hamper likewise null and void. The election referred to
the conduct of our operations and service in was the January 18, 1988 local election. that he
Region I." “is filing” with the COMELEC criminal charges
for violation of Sections 3, 261(h) and 264 of B.
Agda indorsed the above routing slip request to
P. No. 881 against former Administrator Lanuza
the Secretary of the Department of Agriculture
and Teotico.
wherein he admits that he has the key of the
safety vault, but impliedly asserts that he will
not yield it to anybody alleging that his petition
to stop the implementation of Special Order No.
219 and to nullify it is still unresolved and, Teotico and his co-respondents filed motion to
besides, the intended re-assignment is merely dismiss alleging that the petition is premature for
temporary; hence, it would be in keeping with failure to exhaust administrative remedies and
substantial justice if a status quo of things be patently lacks merit and is merely intended to
maintained. He also asks that the urgent petition derail the administrative investigation against
be resolved and that meanwhile the directive to Agda.
turn over the keys be held in abeyance.
Lower court granted preliminary injunction for
On 23 March 1988 Teotico formally charged implementation of SO 219. Also ordered the
Agda for insubordination and conduct prejudical “reinstatement of Agda” as Fiber Regional
to the best interest of the service for, among Administrator, FIDA
others, his failure to comply with the
memorandum of January 7, 1988 and with the Region I, with full back wages and allowances
routing slip request of 11 March 1988 mandated by law.; MR denied.
Issue:  The Civil Service Decree, P.D. No. 807,
allows transfer, detail and re-assignment. If
WON RTC committed GAD in ordering the the employee concerned believes that there
reinstatement of Agda – YES is no justification therefore, he "may appeal
his case to" the Civil Service Commission.
Ratio:
Unless otherwise ordered by the
Respondent Judge clearly acted with grave Commission, the decision to detail an
abuse of discretion in taking cognizance of Civil employee shall be executory.
Case No. 88-577, in deliberately failing to act on  Agda invoked the appellate jurisdiction of
the motion to dismiss, in issuing a writ of the Commission when he filed his Urgent
preliminary injunction, and in ordering the Petition To Stay Implementation and Nullify
the Special Order in question with the Civil
"reinstatement" of Agda, "as Fiber Regional
Service Commission.
Administrator, FIDA Region I, with full back
 It does not, however, appear to Us that he
wages and allowances mandated by law." exerted genuine and sincere efforts to obtain
 Agda was not appointed as Fiber Regional an expeditious resolution thereof What
Administrator, FIDA Region I, but as appears to be clear is that he used its
CHIEF FIBER DEVELOPMENT pendency as an excuse for his refusal to
OFFICER; he was not appointed to any comply with the memorandum of Teotico of
specific station. He was merely designated 7 January 1988 and the routing slip request
as Acting Regional Administrator For FIDA of 11 March 1988 for the key to the safety
Regions I and II. vault.
 Not having been appointed to any specific
station, he could be tranferred or assigned to  We are not persuaded by Agda's claim that
any other place by the head of office where the questioned detail was done in violation
in the opinion of the latter his services may of Section 261(h) of Batas Pambansa Blg.
be utilized more effectively. 881 (Omnibus Election Code) Considering
 Moreover, it should be borne in mind that that (a) he raised this matter for the first time
Special Order No. 29 of 2 January 1984 only in his Amended Petition, or five (5)
merely designated Agda as Acting Regional months after the issuance of the Special
Administrator for Regions I and II. Order. No evidence has been presented, or at
 Such being the case, the rule enunciated in least strongly and convincingly suggested, to
Cuadra vs. Cordova, on temporary prove or show that no prior approval was
appointments or appointments in an acting obtained by Administrator Lanuza from the
capacity that they are terminable at the COMELEC for such detail, or that a case for
pleasure of the appointing authority, is violation of Section 261(h) was in fact filed
applicable to Agda. against Lanuza or Teotico.
o He can neither claim a vested right  All that Agda can show are his alleged letter
to the station to which he was to the COMELEC to inquire if Special
assigned nor to security of tenure Order No. 219 had been referred to it and an
thereat. alleged answer dated 14 April 1988 of Atty.
 Accordingly, private respondent could be re- Horacio SJ Apostol, Manager of the Law
assigned to any place and Special Order No. Department of the Commission, to the effect
219 dated 13 November 1987 reassigning that the records of the Department do not
private respondent at the Office of the show, as of that date, that the Special Order
Administrator of the FIDA "in the interest of was submitted or referred to the
the service" was in order. Although Commission. The latter is not conclusive
denominated as "reassignment", it was in proof that no prior authority was in fact
fact a mere detail in that office. obtained by Administrator Lanuza for the
reassignment or detail of Agda. No law
requires the submission. to the COMELEC
of special orders reassigning or detailing
employees within the prohibited period.
What is needed is "prior authority," the
request for which and its approval may be in
separate documents or papers.

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