Sales v. Carreon
REITERATIONFacts
The Antecedents: During the May 2001 elections, then Dapitan City Mayor Joseph Cedrick O. Ruiz was defeated by respondent Rodolfo H. Carreon, Jr. In the final month of his term, Mayor Ruiz issued 83 appointments, including those of the petitioners. Upon assuming office on July 1, 2001, Mayor Carreon, Jr. issued Memorandum Orders Nos. 1 and 2, revoking these appointments. He cited violations of Civil Service Commission (CSC) Resolution No. 01-988 and CSC Memorandum Circular No. 7, Series of 2001, which impose a ban on issuing appointments during the election period. Consequently, the salaries and benefits of the 83 appointees were prohibited from being released. Procedural History: The Civil Service Commission (CSC) Regional Office No. IX initially ruled in favor of the appointees, declaring the 83 appointments valid and effective, and voiding Mayor Carreon, Jr.'s memorandum orders. However, upon appeal, the CSC En Banc reversed this decision, revoking the approval of the appointments for violating Republic Act No. 7041, CSC Memorandum Circular No. 18 (s. 1988), CSC Resolution No. 963332, and CSC Resolution No. 01-0988. The CSC En Banc also ordered the reversion of promoted employees to their previous positions. Petitioners' motion for reconsideration was denied. Subsequently, they filed a petition for review with the Court of Appeals, which dismissed their petition, affirming the CSC's findings. A motion for reconsideration by the petitioners was also denied by the Court of Appeals. The Petition: Petitioners seek review of the Court of Appeals' decision through a Petition for Review on Certiorari under Rule 45 of the Rules of Court. They argue that the appointments were valid, despite being issued by an outgoing mayor. The core of the dispute revolves around whether the appointments violated Republic Act No. 7041 (requiring publication of vacant positions) and CSC rules regarding the composition of the Personnel Selection Board. The CSC and the Court of Appeals found that the positions were published before they were declared vacant and that the Personnel Selection Board lacked the required first-level representative, rendering the appointments void.
Issue(s)
Whether the 83 appointments issued by the outgoing Mayor of Dapitan City are valid. Whether the revocation of the said appointments by the incoming Mayor is justified. Whether the Court of Appeals erred in affirming the ruling of the Civil Service Commission En Banc regarding the validity of the appointments and their subsequent revocation.
Ruling
The petition is denied. The assailed Decision of the Court of Appeals is affirmed.
Ratio Decidendi
On the validity of the appointments and the revocation thereof: The Supreme Court affirmed the ruling of the Court of Appeals and the CSC En Banc, holding that the 83 appointments issued by the outgoing Mayor were void. The Court found that the appointments violated Section 2 of Republic Act (R.A.) No. 7041, which mandates that vacant positions shall not be filled until after publication. In this case, the publication of vacancies was made even before the positions involved actually became vacant, which is a clear contravention of the law. On the validity of the appointments and the revocation thereof (continued): Furthermore, the CSC found that there was no first-level representative appointed to the Personnel Selection Board, which deliberated on the appointments to first-level positions. This violated CSC Memorandum Circular No. 18, series of 1988, as amended, which requires the participation of a representative of rank-and-file employees for first-level positions. The Court reiterated its ruling in Mathay, Jr. v. Civil Service Commission that it upheld the authority of the CSC to take appropriate action on all appointments, including its authority to recall appointments made in disregard of applicable Civil Service Law and regulations. Therefore, the appointments were correctly recalled by the respondent Mayor. On the Court of Appeals' affirmation of the CSC En Banc ruling: The Court of Appeals did not err in affirming the ruling of the Civil Service Commission En Banc, as the CSC correctly applied relevant laws and regulations in determining the invalidity of the appointments and upholding their revocation.
Main Doctrine
Appointments issued in violation of Republic Act No. 7041, which mandates the publication of vacant positions before they are filled, and CSC rules regarding the composition of the Personnel Selection Board, are void and may be recalled.