G.R. No. 221697 - Poe-Llamanzares vs. Commission on Elections

Victor A. Aquino was a Clerk II in the Division of City Schools, San Pablo City, and from February 16 to June 18, 1984, served as Property Inspector and OIC of the Supply Office. On July 20, 1984, he was designated Officer-in-Charge, Division Supply Office, upon retirement of the former Supply Officer I.
Leonarda D. de la Paz, then a Clerk II, was designated Assistant to the Supply Officer from August 25, 1976 to September 1983. On September 19, 1986, she received a promotional appointment as Supply Officer I, DECS Division of San Pablo City, approved by Civil Service Regional Office IV “provided that there is no pending administrative case … protest … nor any decision … that will adversely affect the approval.”

October 20, 1986 – Aquino filed a protest with the DECS Secretary, questioning de la Paz’s qualifications.
May 4, 1987 – DECS Secretary Quisumbing sustained the protest, revoked de la Paz’s appointment, and ruled Aquino “be appointed Supply Officer I in place of Mrs. de la Paz.”
August 11, 1987 – Secretary Quisumbing denied de la Paz’s motion for reconsideration; same day, DECS Regional Director issued Aquino’s permanent appointment effective October 26, 1987, approved by Civil Service Region IV on October 27, 1987.

October 16, 1987 – De la Paz appealed to the MSPB with motion to maintain status quo. February 5, 1988, MSPB upheld Aquino’s appointment.
November 7, 1988 – CSC Res. 88-820 reversed MSPB, revoked Aquino’s appointment, and restored de la Paz under her previously approved appointment.
February 27, 1990 – CSC Res. 90-224 denied Aquino’s motion for reconsideration and for issuance of a temporary restraining order.

Aquino filed with the Supreme Court a petition for certiorari and restraining order to nullify CSC Resolutions 88-820 and 90-224.
He contended CSC gravely abused its discretion by revoking his appointment on the ground that de la Paz was better qualified, citing precedents (Santiago v. CSC, Galura v. CSC) that CSC may not substitute its judgment for that of the appointing authority.

Whether the Civil Service Commission committed grave abuse of discretion in revoking Aquino’s appointment as Supply Officer I and restoring de la Paz.
Whether CSC had authority to revoke an appointment on the basis that a prior appointee held a right to security of tenure.