Case Digest: CSC v. CA & PCSO
G.R. No. 185766: November 23, 2010
CIVIL SERVICE COMMISSION, Petitioner, v. COURT OF APPEALS and PHILIPPINE CHARITY SWEEPSTAKES OFFICE, Respondents.
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G.R. No. 185767
CIVIL SERVICE COMMISSION, Petitioner, v. COURT OF APPEALS and PHILIPPINE CHARITY SWEEPSTAKES OFFICE, Respondents.
MENDOZA, J.:
FACTS:
In GR No. 185766, the Board of Directors of PCSO resolved to appoint Sarsonas as Asst. Department Manager II of the Internal Audit Department (IAD) of PCSO under temporary status. Thus, on the same day, PCSO General Manager Rosario Uriarte issued a temporary appointment to Sarsonas as Assistant Department Manager II.
Civil Service Commission Field Office Office of the President (CSCFO-OP) disapproved the temporary appointment of Sarsonas as she failed to meet the eligibility requirement for the position. CSCFO-OP certified that there were qualified individuals who signified their interest to be appointed to the position, namely, Mercedes Hinayon and Reynaldo Martin.
PCSO filed an appeal with the CSC-NCR but the latter affirmed the disapproval. PCSO filed an appeal with the CSC but the same was dismissed. PCSO elevated the case to the CA, which reversed the CSC resolution. CSC filed a motion for reconsideration but the same was denied.
In GR No. 185767, PCSO Board of Directors resolved to appoint Lemuel G. Ortega as Assistant Department Manager II of its Planning and Production Department. The same events transpired as in G.R. No. 185766.
In both petitions to the CA, it was ruled that CSC erred in finding that the position of Assistant Department Manager II requires CSE eligibility, rendering improper the temporary appointments of Sarsonas and Ortega, respectively. In G.R. No. 185766, the CA held that the resolution of the PCSO Board to appoint Sarsonas as Assistant Department Manager II was a policy decision and an exercise of management prerogative over which the CSC has no power of review. In G.R. No. 185767, the CA similarly ruled that the Career Executive Service does not cover the position of Assistant Department Manager II in the Planning and Production Department of the PCSO.
ISSUE: Whether or not the CA erred in setting aside the CSC resolutions disapproving the temporary appointments of Sarsonas and Ortega
HELD: No. CA Decisions Affirmed.
POLITICAL LAW- Elements in order for a position to be covered by the CES
In Home Insurance Guarantee Corporation v. Civil Service Commission, the Court stated that the position of HIGC Vice President is not covered by the CES as (1) the position is not enumerated by law as falling under the third level; (2) respondent Cruz has not established that the position is one of those identified by the CESB as being of equivalent rank to those listed by law; and (3) the holder thereof is not appointed by the President.
In the 2005 case of Office of the Ombudsman v. Civil Service Commission, the Court used a similar process of deduction to arrive at the conclusion that the position of Graft Investigation Officer III was not a CES position. In the said case, the Court wrote:
From the provisions of the Administrative Code, persons occupying positions in the CES are presidential appointees. A person occupying the position of Graft Investigation Officer III is not, however, appointed by the President but by the Ombudsman as provided in Article IX of the Constitution.
To classify the position of Graft Investigation Officer III as belonging to the CES and require an appointee thereto to acquire CES or CSE eligibility before acquiring security of tenure would be absurd as it would result either in 1) vesting the appointing power for said position in the President, in violation of the Constitution; or 2) including in the CES a position not occupied by a presidential appointee, contrary to the Administrative Code.
Thus, the CES covers presidential appointees only. As this Court ruled in Office of the Ombudsman v. CSC:
"From the above-quoted provision of the Administrative Code, persons occupying positions in the CES are presidential appointees.
The above 2007 case was, in turn, cited by the Court two years later in National Transmission Corporation v. Hamoy, where again, it was categorically stated that the CES covers only presidential appointees.
Thus, from the long line of cases cited above, in order for a position to be covered by the CES, two elements must concur. First, the position must either be (1) a position enumerated under Book V, Title I, Subsection A, Chapter 2, Section 7(3) of the Administrative Code of 1987, i.e. Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service, or (2) a position of equal rank as those enumerated, and identified by the Career Executive Service Board to be such position of equal rank. Second, the holder of the position must be a presidential appointee. Failing in any of these requirements, a position cannot be considered as one covered by the third-level or CES.
In the case at bench, it is undisputed that the position of Assistant Department Manager II is not one of those enumerated under the Administrative Code of 1987. There is also no question that the CESB has not identified the position to be of equal rank to those enumerated. Lastly, without a doubt, the holder of the position of Assistant Department Manager II is appointed by the PCSO General Manager, and not by the President of the Philippines. Accordingly, the position of Assistant Department Manager II in the PCSO is not covered by the third-level or CES, and does not require CSE eligibility.
DENIED
CIVIL SERVICE COMMISSION, Petitioner, v. COURT OF APPEALS and PHILIPPINE CHARITY SWEEPSTAKES OFFICE, Respondents.
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G.R. No. 185767
CIVIL SERVICE COMMISSION, Petitioner, v. COURT OF APPEALS and PHILIPPINE CHARITY SWEEPSTAKES OFFICE, Respondents.
MENDOZA, J.:
FACTS:
In GR No. 185766, the Board of Directors of PCSO resolved to appoint Sarsonas as Asst. Department Manager II of the Internal Audit Department (IAD) of PCSO under temporary status. Thus, on the same day, PCSO General Manager Rosario Uriarte issued a temporary appointment to Sarsonas as Assistant Department Manager II.
Civil Service Commission Field Office Office of the President (CSCFO-OP) disapproved the temporary appointment of Sarsonas as she failed to meet the eligibility requirement for the position. CSCFO-OP certified that there were qualified individuals who signified their interest to be appointed to the position, namely, Mercedes Hinayon and Reynaldo Martin.
PCSO filed an appeal with the CSC-NCR but the latter affirmed the disapproval. PCSO filed an appeal with the CSC but the same was dismissed. PCSO elevated the case to the CA, which reversed the CSC resolution. CSC filed a motion for reconsideration but the same was denied.
In GR No. 185767, PCSO Board of Directors resolved to appoint Lemuel G. Ortega as Assistant Department Manager II of its Planning and Production Department. The same events transpired as in G.R. No. 185766.
In both petitions to the CA, it was ruled that CSC erred in finding that the position of Assistant Department Manager II requires CSE eligibility, rendering improper the temporary appointments of Sarsonas and Ortega, respectively. In G.R. No. 185766, the CA held that the resolution of the PCSO Board to appoint Sarsonas as Assistant Department Manager II was a policy decision and an exercise of management prerogative over which the CSC has no power of review. In G.R. No. 185767, the CA similarly ruled that the Career Executive Service does not cover the position of Assistant Department Manager II in the Planning and Production Department of the PCSO.
ISSUE: Whether or not the CA erred in setting aside the CSC resolutions disapproving the temporary appointments of Sarsonas and Ortega
HELD: No. CA Decisions Affirmed.
POLITICAL LAW- Elements in order for a position to be covered by the CES
In Home Insurance Guarantee Corporation v. Civil Service Commission, the Court stated that the position of HIGC Vice President is not covered by the CES as (1) the position is not enumerated by law as falling under the third level; (2) respondent Cruz has not established that the position is one of those identified by the CESB as being of equivalent rank to those listed by law; and (3) the holder thereof is not appointed by the President.
In the 2005 case of Office of the Ombudsman v. Civil Service Commission, the Court used a similar process of deduction to arrive at the conclusion that the position of Graft Investigation Officer III was not a CES position. In the said case, the Court wrote:
From the provisions of the Administrative Code, persons occupying positions in the CES are presidential appointees. A person occupying the position of Graft Investigation Officer III is not, however, appointed by the President but by the Ombudsman as provided in Article IX of the Constitution.
To classify the position of Graft Investigation Officer III as belonging to the CES and require an appointee thereto to acquire CES or CSE eligibility before acquiring security of tenure would be absurd as it would result either in 1) vesting the appointing power for said position in the President, in violation of the Constitution; or 2) including in the CES a position not occupied by a presidential appointee, contrary to the Administrative Code.
Thus, the CES covers presidential appointees only. As this Court ruled in Office of the Ombudsman v. CSC:
"From the above-quoted provision of the Administrative Code, persons occupying positions in the CES are presidential appointees.
The above 2007 case was, in turn, cited by the Court two years later in National Transmission Corporation v. Hamoy, where again, it was categorically stated that the CES covers only presidential appointees.
Thus, from the long line of cases cited above, in order for a position to be covered by the CES, two elements must concur. First, the position must either be (1) a position enumerated under Book V, Title I, Subsection A, Chapter 2, Section 7(3) of the Administrative Code of 1987, i.e. Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service, or (2) a position of equal rank as those enumerated, and identified by the Career Executive Service Board to be such position of equal rank. Second, the holder of the position must be a presidential appointee. Failing in any of these requirements, a position cannot be considered as one covered by the third-level or CES.
In the case at bench, it is undisputed that the position of Assistant Department Manager II is not one of those enumerated under the Administrative Code of 1987. There is also no question that the CESB has not identified the position to be of equal rank to those enumerated. Lastly, without a doubt, the holder of the position of Assistant Department Manager II is appointed by the PCSO General Manager, and not by the President of the Philippines. Accordingly, the position of Assistant Department Manager II in the PCSO is not covered by the third-level or CES, and does not require CSE eligibility.
DENIED
