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Table of Contents
Debulgado v. CSC...........................................................1
CIVIL SERVICE COMMISSION, petitioner, vs. PEDRO O.
DACOYCOY.....................................................................2
Debulgado v. CSC
26 September 1994
Feliciano, J.
Facts:
1. Rogelio Debulgado is the incumbent Mayo of San Carlos
City, Negros Occidental.
2. He appointed his wife Victoria as General Services Officer
of the City Government.
3. Before her promotion, she had been in the service of the
City Government for 32 years.
4. Congressman Carmona questioned the appointment.
Issue/Held:
1. WON the appointment is valid. NO.
PLM v. IAC....................................................................19
Ratio:
1. The prohibitory norm against nepotism in the public service
is set out in Section 59, Book V of the Revised
Administrative Code of 1987 (also known as E.O. No. 292). 1
Sec. 59. Nepotism (1) All appointments in the national, provincial, city and
municipal governmentsor in any branch or instrumentality thereof, including
government-owned or controlled corporations, made in favor of a relative of the
appointing or recommending authority, or of the chief of the bureau or office, or
of the persons exercising immediate supervision over him, are hereby
prohibited.
As used in this Section the word "relative" and members of the family referred
to are those related within the third degree either of consanguinity or of
affinity.
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Issue
1. WON Dacoycoy was guilty of nepotism? Yes.
The law defines nepotism[9] as follows:
o Sec. 59. Nepotism. (1) All appointments to the
national, provincial, city and municipal
governments or in any branch or instrumentality
thereof, including government owned or
controlled corporations, made in favor of a
relative of the appointing or recommending
authority, or of the chief of the bureau or office,
or of the persons exercising immediate
supervision over him, are hereby prohibited.
As used in this Section, the word relative and
members of the family referred to are those
related within the third degree either of
consanguinity or of affinity.
(2) The following are exempted from the
operations of the rules on nepotism: (a) persons
employed in a confidential
capacity, (b) teachers, (c) physicians, and
(d) members of the Armed Forces of the
Philippines: Provided, however, That in each
CIVIL
SERVICE
COMMISSION, petitioner,
vs. PEDRO O. DACOYCOY, respondent.
Facts
[November 29, 1995] George P. Suan, a Citizens Crime
Watch Vice-President, Allen Chapter, Northern Samar,
filed with the Civil Service Commission, Quezon City, a
complaint against Pedro O. Dacoycoy, for habitual
drunkenness, misconduct and nepotism
Civil Service Regional Office No. 8, Tacloban City, found
a prima facie case against respondent and issued the
corresponding formal charge against him.
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Issues:
1. Whether the Philippine National Red Cross (PNRC) is a
government- owned or controlled corporation - NO
Ruling:
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Convention of Geneva of July 29, 1929 for the Amelioration of the Condition of
the Wounded and Sick of Armies in the Field (referred to in this Charter as the
Geneva Red Cross Convention)
The PNRC is a member National Society of the International Red Cross and Red
Crescent Movement (Movement), which is composed of the International
Committee of the Red Cross (ICRC), the International Federation of Red Cross
and Red Crescent Societies (International Federation), and the National Red
Cross and Red Crescent Societies (National Societies).
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xxx
The Constitution authorizes Congress to vest the
power to appoint lower-ranked officers specifically in
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Other issues:
The other provisions of the PNRC Charter remain valid as they can
be considered as a recognition by the State that the
unincorporated PNRC is the local National Society of the
International Red Cross and Red Crescent Movement, and thus
entitled to the benefits, exemptions and privileges set forth in the
PNRC Charter. The other provisions of the PNRC Charter
implement the Philippine Governments treaty obligations under
Article 4(5) of the Statutes of the International Red Cross and Red
Crescent Movement, which provides that to be recognized as a
National Society, the Society must be "duly recognized by the
legal government of its country on the basis of the Geneva
Conventions and of the national legislation as a voluntary aid
society, auxiliary to the public authorities in the humanitarian
field."
Thus, Sections
1,28 2,29 3,304(a),31 5,32 6,33 7,34 8,35 9,36 10,37 11,38 12,39 and 1340 of
the PNRC Charter, as amended, are void.
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Nachura Dissent:
PNRC is a GOCC
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xxxx
Nowhere does it say in the law that a member of the Senate can
sit in an ex officio capacity as chairman of the PNRC Board of
Governors. Chairmanship of the PNRC Board is neither an
extension of the legislative position nor is it in aid of legislative
duties. Likewise, the position is neither derived from one being a
member of the Senate nor is it annexed to the Senatorial position.
Stated differently, the PNRC chairmanship does not flow from
ones election as Senator of the Republic.
Facts:
The petitioner Luegowas appointed Administrative Officer 11,
Office of the City Mayor, by Cebu City Mayor Solon. The
appointment was described in the space provided for in Civil
Service Form No. 33, as permanent" but the Civil Service
Commission approved it as "temporary," subject to the following:
(1) final action taken in the protest filed by the private respondent
Tuozo and another employee, and (2) that there was no pending
administrative case against the appointee, no pending protest
The fact that the PNRC Chairman of the Board is not appointed by
the President and the fact that the former does not receive any
compensation do not at all give the said position an ex officio
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A full reading of the provision will make it clear that all the
Commission is actually allowed to do is check whether or not the
appointee possesses the appropriate civil service eligibility or the
required qualifications. If he does, his appointment is approved; if
not, it is disapproved.
Issue #4: Whether or not the next-in-rank rule under the Civil
Service Rules was applicable. (NO)
This rule is inapplicable because neither of the claimants is next
in rank. Moreover, the rule is not absolute as the Civil Service
Decree allows vacancies to be filled by transfer of present
employees, reinstatement, re-employment, or appointment of
outsiders who have the appropriate eligibility.
Regis vs Osmena
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Davide, Jr. J.
Facts:
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"whenever there are two or more employees who are next-in-rank, preference
shall be given to the employee who is most competent and qualified and who
has the appropriate civil service eligibility."
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PLM v. IAC
GR No. L-65439 / 13 Nov 1985 / J. Gutierrez Jr.
FACTS
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ISSUE
RATIO
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FACTS
(1) Petitioner is a career employee of Mindanao State
University for 27 years. Prior to the controversy, she
served as Vice President of External Affairs.
(2) Jan 1989 Petitioners position was merged with the Office
of the Vice Chancellor and she was appointed as Vice
Chancellor by the President (respondent Alonto) in an
ACTING CAPACITY.
a. The MSU Board of Regents confirmed this
designation in a resolution.
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MATIBAG v BENIPAYO
FACTS
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ISSUES
Whether or not the assumption of office by Benipayo,
Borra
and
Tuason
on
the
basis
of
the ad
interim appointments issued by the President amounts to a
temporary appointment prohibited by Section 1 (2), Article
IX-C of the ConstitutionNO
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Padilla v. CSC
FACTS:
Remedios Padilla (Padilla) assumed the permanent position of
Clerk II in the Ministry of Labor and Employment and was
thereafter promoted to the position of Labor Development
Assistant, assuming her new position without waiting for the
approval of the Civil Service Commission (CSC).
The CSC disapproved Padilla's appointment on the ground that
she failed to meet the eligibility requirement for the position.
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HELD: Yes.
facts
RATIO:
Padilla voluntarily resigned after having occupied the permanent
position of Clerk II before the disapproval of her appointment for
Labor Development Assistant, a higher permanent position.
After returning to the service, she occupied casual positions
only, despite passing the eligibility requirement for a permanent
position.
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issue
WON Saturnino met the minimum experience requirements as of
the date of the protestees appointment to the contested position.
YES.
ratio
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FACTS:
1. Engineer Darangina was a development management
officer V in the Office of Muslim Affairs (OMA).
2. He was extended a temporary promotional appointment as
Director III, Plans and Policy Services.
6. CA reinstated Darangina.
ISSUE/S:
Whether Darangina should be reinstated.
G.R. No. 123989 | January 26, 1998 | 1st Div. | Davide, Jr., J.
HELD:
FACTS:
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ISSUE:
Section 16. Organization Patterns; Personnel. -- The Board shall determine its
organizational structure and staffing pattern. It shall have the power to
suspend or dismiss for cause any employee and/or approve or disapprove the
appointment, transfer or detail of employees. It shall appoint the Secretary of
the Board who shall be the official custodian of the records of the meetings of
the Board and who shall perform such other duties and functions as directed by
the Board.
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(a) Execute, implement and enforce the decisions, orders, awards, rules and
regulations issued by the BOARD;
(b) Direct and supervise the operations and the internal affairs of the BOARD;
(c) Establish the internal organization and administrative procedures of the
BOARD, and recommend to the BOARD the appointment of the necessary
administrative and subordinate personnel; and
(d) Exercise such other powers and functions and perform such duties as are
not specifically lodged in the BOARD.
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No. 5-1988, par 3; (2) CSC MC No. 10-1986, par a, 1.2 and
par b; and (3) Civil Service Eligibility all of which were
without further explanation
She received a PPA Special Order which indicated that
Anino was Manager II and not her
Monserate filed with the PPA Manager an appeal/request for
clarification, questioning her replacement, claiming that
thte proceedings before the Appeals Board were irregular
o There was no notice of hearing
o She was not furnished the Resolution of the Appeals
Board, nor the copy of the protest
o She was not informed of the reasons behind her
replacement
o Their Port Manager in Iloilo, who was then an official
member of the Board, was not included in the
proceedings
Monserate received another PPA Special Order, reassigning
her to Administrative Officer (SG-15), which was Aninos
former position, and was lower than her previous position
as Finance Officer (SG-16), prior to her botched
appointment
Due to the inaction of the General Manager, she filed with
the CSC precautionary appeal, manifesting that she was
yet to receive a copy of the Appeals Board resolution
Thereafter, she received a copy of her appointment as
Admin Officer, which she has since been discharging the
functions thereof; she likewise learned that the General
Manager had just issued Aninos appointment (both in
contrast to the Special Orders)
In 1989, Monserate filed an appeal formally protesting
against Aninos appointment, and the propriety of the
Appeals Board resolution
After 6 years, CSC dismissed her appeal:
o
o
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Issue (1):
w/n Monserates right to due process was violated
Holding and Ratio: Yes.
The PPA reorganization in 1988 has nothing to do with her
demotion. It was precisely because of the reorganization that
Monserate applied for Division Manager II. The comparative data
sheet, accomplished by the PPA Reorganization Task Force, shows
that she ranked first from among 6 contenders. It was only after
such reorganization, and in fact nothing else but by virtue of the
Resolution sustaining Aninos protest that she got demoted.
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"In the case now before us, the petitioner did not receive or
was not given a copy of the August 11, 1988 Resolution of
the Appeals Board. She did not even know that she was
demoted until after she received a copy of the the Special
Order No. 479-88."
"x x x.
"With respect to the CSC MC No. 10, Par. A (1.2) and Par. B,
the processing, review, evaluation and recommendation of
her appointment as Manager II, passed several committees
created by the PPA. x x x. Moreover, she had a 1.9 average
performance rating compared to the private respondent
who only got 2.03. x x x.
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Re: backwages:
In Monroy vs. Court of Appeals, a rightful incumbent of a public
office may recover from a de facto officer the salary received by
the latter during the time of his wrongful tenure, even though he
(the de facto officer) occupied the office in good faith and under
color of title. A de facto officer, not having a good title, takes the
salaries at his risk and must, therefore, account to the de
jure officer for whatever salary he received during the period of
his wrongful tenure.
In the later case of Civil Liberties Union vs. Executive Secretary,
SC allowed a de facto officer to receive emoluments for actual
services rendered but only when there is no de jure officer, thus:
"x x x in cases where there is no de jure officer, a de facto
officer who, in good faith, has had possession of the office
and has discharged the duties pertaining thereto, is legally
entitled to the emoluments of the office, and may in
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