SUPREME COURT
Manila
SECOND DIVISION
G.R. No. L-54597 December 15, 1982
FELICIDAD ANZALDO, petitioner,
vs.
JACOBO C. CLAVE as Chairman of the Civil Service Commission and as
Presidential Executive Assistant; JOSE A. R. MELO, as Commissioner of the Civil
Service Commission, and EULALIA L. VENZON,respondents.
Antonio P. Amistad for petitioner.
Artemio E. Valenton for private respondent.
Madamba, Deza & Almario Law Offices for respondent .
Demegildo Laborte & Lazano Law Offices for respondent public officials.
AQUINO, J.:
This is a controversy over the position of Science Research Supervisor II, whose
occupant heads the Medical Research Department in the Biological Research Center of
the National Institute of Science and Technology (NIST).
Doctor Felicidad Estores-Anzaldo 55, seeks to annul the decision of Presidential
Executive Assistant Jacobo C. Clave dated March 20, 1980, revoking her appointment
dated January 5, 1978 as Science Research Supervisor IIand directing the appointment
to that position of Doctor Eulalia L. Venzon, 48.
The contested position became vacant in 1974 when its incumbent, Doctor Quintin
Kintanar, became Director of the Biological Research Center. Doctor Kintanar
recommended that Doctor Venzon be appointed to that position. Doctor Anzaldo
protested against that recommendation. The NIST Reorganization Committee found her
protest to be valid and meritorious (p. 34, Rollo). Because of that impasse, which the
NIST Commissioner did not resolve, the position was not filled up.
At the time the vacancy occurred, or on June 30, 1974, both Doctors Anzaldo and
Venzon were holding similar positions in the Medical Research Department: that of
Doctor Anzaldo finished the pharmacy course in 1950 in the College of Pharmacy,
University of the Philippines. She obtained from the Centro Escolar University the
degree of Master of Science in Pharmacy in 1962 and in 1965 the degree of Doctor of
Pharmacy.
Aside from her civil service eligibility as a pharmacist, she is a registered medical
technologist and supervisor (unassembled).
She started working in the NIST in 1954 and has served in that agency for
about twenty-eight (28) years now. As already stated, in January, 1978, she was
appointed to the contested Position of Science Research Supervisor II. Her present
salary as Science Research Supervisor II, now known as Senior Science Research
Specialist, is P 30,624 per annum after she was given a merit increase by Doctor
Kintanar, effective July 1, 1981 (p. 259, Rollo).
On the other hand, Doctor Venzon finished the medical course in the University of Santo
Tomas in 1957. She started working in the NIST in 1960. She has been working in that
agency for more than twenty-one (21) years.Doctor Anzaldo is senior to her in point of
service.
Considering that Doctor Anzaldo has competently and satisfactorily discharged the
duties of the contested position for more than four (4) years now and that she is
qualified for that position, her appointment should be upheld. Doctor Venzon's protest
should be dismissed.
WHEREFORE, the decision of respondent Clave dated March 20, 1980 is set aside,
and petitioner Anzaldo's promotional appointment to the contested position is declared
valid. No costs.
SO ORDERED.
Makasiar (Chairman), Guerrero, Abad Santos and Escolin, JJ., concur.
Concepcion, Jr., J., took no part.
De Castro, J., concur in the result.