Case Digest (G.R. No. 207422) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In the case of Angel Abad vs. Herminio Dela Cruz (G.R. No. 207422, decided March 18, 2015), respondent Herminio Dela Cruz was appointed by Mayor Jaime R. Fresnedi as City Assessor of Muntinlupa, holding the item of City Government Department Head III (Salary Grade 27), on December 28, 2006, with the concurrence of the Sangguniang Panlungsod via Resolution No. 06-361 and attestation by the Civil Service Commission (CSC). Petitioner Angel Abad, then Local Assessment Operations Officer V (Salary Grade 18), protested Dela Cruz’s appointment before the CSC, alleging violation of the three-salary-grade rule under CSC Memorandum Circular No. 3, Series of 2001, and claiming his own status as next-in-rank was ignored, contrary to Item 10 of the same circular. After referral to Muntinlupa’s grievance machinery—and despite delays due to administrative inaction and a fire destroying personnel records—the local Grievance Committee and Mayor Aldrin San Pedro invalidated Dela Cruz’s appointmen Case Digest (G.R. No. 207422) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Appointment of Dela Cruz
- On December 28, 2006, Mayor Jaime R. Fresnedi appointed Herminio Dela Cruz as City Assessor (City Government Department Head III) of Muntinlupa; the Sangguniang Panlungsod concurred via Resolution No. 06-361, and the Civil Service Commission (CSC) attested the appointment under Resolution No. 02-1235.
- Angel A. Abad, Local Assessment Operations Officer V, protested to the CSC, alleging that:
- The position (Salary Grade 27) was nine grades above Dela Cruz’s former Salary Grade 18 post, violating the three-salary-grade rule (CSC Memorandum Circular No. 3, Series 2001, Item 15).
- Qualified next-in-rank employees (including himself) were excluded from consideration, breaching the next-in-rank rule (Item 10).
- Grievance proceedings and CSC resolutions
- Abad’s letter was referred to the City’s grievance machinery but stalled due to a fire that destroyed personnel records. On September 25, 2007, he filed a formal letter-complaint; the Grievance Committee found a violation of the three-salary-grade rule and recommended invalidation, which Mayor Aldrin San Pedro approved.
- On August 17, 2009, CSC-NCR invalidated Dela Cruz’s appointment for breaching the three-salary-grade rule. On June 22, 2010, the CSC central (Resolution No. 101276) reversed, holding that Dela Cruz’s case fell under the “very meritorious” exception after a deep selection process in which he ranked first among nine applicants with 90.67 points.
- Judicial review
- Abad filed a Petition for Review with the Court of Appeals; on April 11, 2012, the CA dismissed it, ruling that the next-in-rank rule is preferential only and that Dela Cruz possessed the minimum qualifications and underwent a valid deep selection.
- Abad’s motions for reconsideration at the CA were denied; on July 25, 2013, he elevated the case to the Supreme Court via Petition for Review on Certiorari.
Issues:
- Whether Dela Cruz’s promotion to City Government Department Head III is void for violation of the next-in-rank rule.
- Whether Dela Cruz’s promotion is void for lack of a deep selection process under the three-salary-grade rule exception.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)