Case Digest (G.R. No. 180986) Core Legal Reasoning Model
Facts:
In the consolidated petition G.R. No. 180986 decided on December 10, 2008, sixty individuals led by Norberto Altres, Evita Bulingan, Evangeline Sastine, and others filed a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure against Camilo G. Empleo, the Iligan City accountant, and eight co-respondents, before Branch 3 of the Regional Trial Court (RTC) of Iligan City. In July 2003, then Mayor Franklin M. Quijano formally notified the Civil Service Commission (CSC) of numerous vacant career positions and publicly announced them, leading petitioners and others to submit applications. On May 27, June 1, and June 24, 2004, Mayor Quijano issued appointments to petitioners, subject to CSC approval. Meanwhile, the Sangguniang Panglungsod adopted Resolution No. 04-242 suspending action on all such appointments until a new budget and later Resolution No. 04-266 directing the Human Resource Management Office to hold in abeyance all “midnight appointments.”
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Case Digest (G.R. No. 180986) Expanded Legal Reasoning Model
Facts:
- Background and Appointment Process
- In July 2003, then Iligan City Mayor Franklin M. Quijano sent notices of numerous vacant career positions in the city government to the Civil Service Commission (CSC), triggering a public posting of vacancies and acceptance of applications.
- Toward the end of his term (May–June 2004), Mayor Quijano issued appointments to petitioners for various plantilla positions, subject to CSC approval.
- Legislative and Administrative Interventions
- Sangguniang Panglungsod Resolution No. 04-242 (March 2004) requested the CSC to suspend processing of all appointments pending enactment of a new budget.
- Resolution No. 04-266 (June 2004) directed the City Human Resource Management Office to hold in abeyance all “midnight appointments” for review, warning of administrative sanctions for non-compliance.
- Certification and Disapproval of Appointments
- City Accountant Camilo G. Empleo refused to issue certifications of availability of funds required under CSC Memorandum Circular No. 40, Rule V, Sec. 1(e)(ii).
- The CSC Iligan Field Office disapproved petitioners’ appointments solely for lack of the required certification; on appeal, CSC Regional Office XII affirmed disapproval as its function is strictly ministerial.
- Petition for Mandamus and Denial by RTC
- Petitioners filed a petition for mandamus in the Regional Trial Court (RTC) of Iligan City, Branch 3, seeking writs compelling (a) the city accountant to issue fund-availability certifications and (b) various officers to sign position description forms.
- RTC denied the petition, holding that under Section 344 of the Local Government Code, only the city treasurer can certify availability of funds for salary payments; motion for reconsideration was likewise denied.
- Supreme Court Proceedings
- Petitioners filed a petition for review on certiorari before the Supreme Court, triggering questions on (a) technical compliance with verification and anti-forum-shopping requirements, (b) whether the issue was moot, and (c) which Local Government Code provision governs the certification of funds.
Issues:
- Technical Issues
- Whether petitioners’ verification and certification against forum shopping (signed by 11 of 59 petitioners) is defective and warrants dismissal.
- Whether the petition raises only questions of law (proper for certiorari) or involves factual issues.
- Whether the petition is moot and academic due to final disapproval of appointments by the CSC.
- Substantive Issue
- Whether Section 474(b)(4) or Section 344 of the Local Government Code of 1991 applies to the CSC requirement for certification of availability of funds under Memorandum Circular No. 40, Rule V, Sec. 1(e)(ii).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)