Title
Barrozo vs. Civil Service Commission
Case
G.R. No. 93479
Decision Date
Jun 25, 1991
Barrozo appointed City Engineer of Baguio; Julian protested, citing next-in-rank rule. CSC voided Barrozo's appointment, but SC upheld it, affirming appointing authority's discretion over next-in-rank claims.
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Case Digest (G.R. No. 93479)

Facts:

  1. Retirement of David G. Borja: On November 10, 1988, David G. Borja retired as City Engineer of Baguio.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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:

  1. Whether the Civil Service Commission has the authority to revoke Barrozo’s appointment and direct the appointment of Julian as City Engineer of Baguio.
  2. Whether the next-in-rank rule under Civil Service Law mandates the promotion of Julian over Barrozo.
  3. 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)


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