G.R. No. 90270 - Sierra vs. Court of Appeals

Parties and the nature of the petition
Petitioner Leah Y. Apurillo filed a petition to annul and set aside Resolution No. 92-555 of the Civil Service Commission (CSC).
The respondents were the Civil Service Commission and Virginia L. Talde.

The CSC resolution assailed
CSC Resolution No. 92-555 dated 10 April 1992 affirmed a prior decision of the Secretary of Public Works and Highways dated 25 September 1990.
The Secretary’s decision sustained Talde’s protest against Apurillo’s promotional appointment.
The Secretary’s decision also reverted Apurillo to her previous position of Public Relations Officer.

DPWH appointment and subsequent protest
On 1 July 1990, Engr. Isidro Mariano, as Officer-in-Charge (OIC) of Region VIII, Department of Public Works and Highways (DPWH), appointed petitioner to Administrative Officer III of Region VIII.
Upon learning of the appointment, Talde filed a letter-protest with the DPWH Complaints Committee.

DPWH Complaints Committee review and Secretary Estuar’s approval
On 25 September 1990, the DPWH Complaints Committee submitted a memorandum to the then DPWH Secretary Fiorello R. Estuar.
The Committee recommended that Talde’s protest be upheld and that Apurillo be reverted to her former position of Public Relations Officer.
Secretary Estuar approved the recommendation.
On 21 November 1990, petitioner filed a motion for reconsideration of the Secretary’s decision.
On 5 March 1991, Undersecretary Teodoro T. Encarnacion, Officer-in-Charge of DPWH, denied the motion.

Appeal to MSPB and dismissal
On 19 June 1991, petitioner appealed to the Merit Systems Protection Board (MSPB).
On 27 November 1991, MSPB dismissed the appeal for lack of merit.
MSPB also denied petitioner’s motion for reconsideration.

Recourse to CSC and CSC’s ruling on 10 April 1992
Petitioner went to the Civil Service Commission for relief.
On 10 April 1992, CSC issued Resolution No. 92-555.
CSC ruled that Talde was fully qualified for the contested position.
CSC held that petitioner’s appointment was voidable because the OIC DPWH Regional Director lacked power to appoint her without the authority of the DPWH Secretary.
CSC further held that under the Administrative Code of 1987, the Secretary had the power to nullify the appointment issued by the OIC Regional Director.

CSC allegedly rated Talde higher than her;
CSC allegedly held that a valid appointment extended to one possessing all the required qualifications and eligibility can be nullified on the ground that someone else was allegedly better qualified; and
CSC allegedly held that her appointment is voidable.

Petitioner thus challenged CSC’s resolution through a petition for certiorari.

The position in question and its classification
The contested position was Administrative Officer III, Region VIII, DPWH, a second level position in the career service.

Department Order No. 10 invoked by petitioner
Petitioner claimed that on 5 January 1990, the DPWH Secretary issued Department Order No. 10 delegating the power to appoint personnel to second level positions to the then OIC, Regional Director, DPWH Region VIII.
Petitioner insisted that the “real appointing authority” was the OIC Regional Director.

The text of Department Order No. 10 as quoted in the record
The Order designated Engr. Isidro Mariano as Officer-in-Charge Regional Director of Region VIII, Tacloban City, vice Dir. Abdulbarri Ramos.
The Order authorized him “to perform the duties and assume the responsibilities appurtenant to the position of Regional Director.”
The Order stated that it superseded previous issuances and would take effect February 1, 1990.
The Order was signed by Fiorello R. Estuar, Secretary.

DPWH Secretary’s treatment of the appointment and qualifications review
The Court found that the DPWH Secretary treated the OIC Regional Director’s action as a recommendatory indorsement for the contested position.
Because of Talde’s protest, the Secretary, through the DPWH Complaints Committee, conducted a meticulous review of the qualifications as they were next-in-rank to the contested position.

Committee’s comparative qualifications findings
Talde’s service and education/training profile, as stated in the DPWH Committee memorandum:

Talde’s permanent appointment history as Training Officer in the then MPW, Region VIII, continued through subsequent mergers and reorganization;
On July 1, 1989, her position was retitled as Human Resource Management Officer I under the Standardization Law;
Government services included Social Worker (Permanent) 2-1-78 to 3-31-80, MSSD, Region VIII, and Census Enumerator (Contractual), NCSO, May 2 to October 1975, Tacloban;
Talde held degrees in BSSW and LLB, and a graduate in BSE;
She earned 6 units in Master Management;
She attended 12 government trainings;
She had performance rating under MORE for the period concerned as Very Satisfactory;
She passed the Social Work Licensure and Professional Board Examinations for Teachers.

Apurillo’s service and education/training profile, as stated in the DPWH Committee memorandum:

Apurillo joined the service on August 1, 1973 as a Secondary School Teacher (permanent) at Leyte National High School;
She transferred to MPW, Region VIII, and the position of Public Relations Officer I became regular effective April 1, 1980;
She retained the same position through the past two DPWH reorganizations;
She was promoted to Administrative Officer III on July 1, 1990;
She was a BSE graduate;
She earned education units in MA in Literature (30 units), English (33 units), and Public Administration (12 units);
She attended relevant seminars including ten (10) relevant seminars attended and had 432 hours of training in Executive Development (DAP) and 648 hours in the Future Leaders’ Program (NDC-CSC);
She was a Teachers’ Board Examination eligible and had performance rating under MORE for the period concerned as Very Satisfactory.

As HRMO I, Talde belonged to the Training Section under the Administrative Division;
Apurillo, as a former PRO, was identified with and under the direct supervision of the Regional Director;
Despite both positions being on the same grade level (11), the Committee treated both as next-in-rank for selection for the contested position on an agency-wide basis as required by the Civil Service Law and Rules;
The Committee quoted Rule V, Section 9 of the CSC Rules on Personnel Actions and Policies: where there are two or more next-in-rank employees, preference goes to the most competent and qualified with appropriat...(Subscriber-Only)

Propriety of reviewing CSC action through certiorari
Whether CSC committed grave abuse of discretion amounting to excess or lack of jurisdiction in issuing CSC Resolution No. 92-555 dated 10 April 1992.

Appointing authority for a second level position
Whether the DPWH Secretary or the OIC Regional Director was the appointing authority for Administrative Officer III in the DPWH regional office.
Whether the OIC Regional Direct

(Subscriber-Only)