Niere v. Court of First Instance
REITERATIONFacts
The Antecedents: Petitioner Rodulfo C. Niere, a Civil Service eligible and a registered Civil Engineer, was appointed City Engineer of La Carlota City on January 3, 1966, by the City Mayor, pursuant to Section 21 of Republic Act No. 4585. This appointment was approved by the Commissioner of Civil Service. Subsequently, on May 14, 1968, after the enactment of the Decentralization Act (Republic Act No. 5185), private respondent Jose K. Quiambao was appointed City Engineer of La Carlota City by the President of the Philippines, with the recommendation of the Commissioner of Public Highways. This appointment was confirmed by the Commission on Appointments. Procedural History: Petitioner was informed of Quiambao's appointment and directed to turn over the office. Petitioner filed a motion for reconsideration with the Commission on Appointments, which was denied for being filed beyond the reglementary period, with the advice that his remedy was to file quo warranto proceedings. The Petition: Petitioner filed a petition for review on certiorari seeking to reverse the decision of the respondent Court of First Instance, which affirmed the appointment of Quiambao. Petitioner claimed his appointment by the City Mayor was legal under Section 21 of Republic Act No. 4585. Respondents maintained that the position of City Engineer could only be filled by appointment of the President with confirmation by the Commission on Appointments under Section 4 of Republic Act No. 5185.
Issue(s)
Whether the appointment of petitioner Rodulfo C. Niere as City Engineer of La Carlota City by the City Mayor was valid. Whether the appointment of private respondent Jose K. Quiambao as City Engineer of La Carlota City by the President of the Philippines was valid.
Ruling
The petition is dismissed, and the appealed decision is affirmed. The appointment of petitioner Rodulfo C. Niere as City Engineer by the City Mayor is declared illegal and null and void. The appointment of private respondent Jose K. Quiambao is affirmed.
Ratio Decidendi
On the validity of petitioner's appointment: The Court held that the appointment of petitioner Rodulfo C. Niere as City Engineer by the City Mayor of La Carlota City was illegal and null and void. Section 21 of Republic Act No. 4585, the City Charter, enumerates the officials the City Mayor can appoint, specifically mentioning the city treasurer, city health officer, and chief of police and fire department, followed by "and other heads and other employees of such city department as may be created." The legislative history of Republic Act No. 4585 shows that the position of city engineer was initially included in Section 21 but was deleted during the amendment process in the Senate. This deletion clearly indicated the legislative intent to exclude the city engineer from the appointing power of the city mayor. Furthermore, Section 4 of Republic Act No. 5185 expressly excepts the City Engineer from the appointing authority of the City Mayor, vesting this power in the President of the Philippines, subject to confirmation by the Commission on Appointments. The Court emphasized that the appointing power is an exclusive prerogative of the President, and any diminution must be clear and unequivocal, which was met in this instance. On the validity of respondent's appointment: The Court affirmed the validity of the appointment of private respondent Jose K. Quiambao as City Engineer. Section 4 of Republic Act No. 5185 explicitly states that the City Engineer shall be appointed by the President of the Philippines, with the confirmation of the Commission on Appointments. This provision aligns with Section 10(3) of Article VII of the 1935 Constitution, which vests in the President the power to appoint officers whose appointments are not otherwise provided for by law. Quiambao's appointment by the President and subsequent confirmation by the Commission on Appointments met these legal requirements, making his appointment valid. The Court also acknowledged that petitioner Niere was a de facto city engineer during the period he performed the functions of the position until he was displaced by the validly appointed Quiambao.
Main Doctrine
The appointment of a City Engineer, whose position is not expressly provided for as an exception to the President's appointing power under Section 10(3) of Article VII of the 1935 Constitution, and is not among those enumerated as appointable by the City Mayor under Section 21 of Republic Act No. 4585, must be made by the President with the confirmation of the Commission on Appointments.