Case Digest (G.R. No. 93479)
Facts:
The case revolves around Teodoro G. Barrozo (petitioner) and the Civil Service Commission along with Valentino L. Julian (respondents). On November 10, 1988, David G. Borja retired from his position as City Engineer of Baguio City. At that time, Teodoro G. Barrozo was serving as a Senior Civil Engineer in the Department of Public Works and Highways, assigned to the office of the City Engineer of Baguio. Valentino L. Julian held the position of Assistant City Engineer in the same office. Following Borja's retirement, on December 27, 1988, Mayor Ramon L. Labo, Jr. appointed Barrozo as the permanent City Engineer of Baguio, a decision that received approval from the Civil Service Regional Office No. 1 on January 2, 1989.
However, on February 16, 1989, Julian, feeling aggrieved by the appointment, appealed to the Merit Systems Board of the Civil Service Commission, asserting that he, as the next-in-rank officer, had pre-emptive rights to the position. The Civil Service Com...
Case Digest (G.R. No. 93479)
Facts:
- Retirement of David G. Borja: On November 10, 1988, David G. Borja retired as City Engineer of Baguio.
- Positions of the Parties:
- Petitioner Teodoro G. Barrozo was a Senior Civil Engineer of the Department of Public Works and Highways assigned to the office of the City Engineer of Baguio.
- Private respondent Valentino L. Julian was the Assistant City Engineer of Baguio.
- Appointment of Barrozo: On December 27, 1988, Mayor Ramon L. Labo, Jr. appointed Barrozo as City Engineer of Baguio. This appointment was approved by the Civil Service Regional Office No. 1 on January 2, 1989.
- Protest by Julian: On February 16, 1989, Julian protested the appointment, claiming he had pre-emptive rights as the next-in-rank officer. His protest was rejected by Mayor Labo, prompting him to appeal to the Merit Systems Board of the Civil Service Commission.
- CSC-CAR Decision: On November 22, 1989, the Civil Service Commission Cordillera Administrative Region (CSC-CAR) declared Barrozo’s appointment void for violating Civil Service promotion rules.
- CSC Resolution: On March 5, 1990, the Civil Service Commission affirmed the CSC-CAR decision, stating that Julian, being next-in-rank, should have been promoted. Barrozo’s motion for reconsideration was denied on May 23, 1990.
Issue:
- Whether the Civil Service Commission has the authority to revoke Barrozo’s appointment and direct the appointment of Julian as City Engineer of Baguio.
- Whether the next-in-rank rule under Civil Service Law mandates the promotion of Julian over Barrozo.
- Whether the appointing authority (Mayor Labo) has the discretion to choose between qualified candidates for the position of City Engineer.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)