G.R. No. 185766 - Civil Service Commission vs. Court of Appeals

On March 16, 2005, the PCSO Board of Directors appointed Josefina A. Sarsonas as Assistant Department Manager II (Temporary) in the Internal Audit Department (IAD).
The PCSO General Manager issued a temporary appointment the same day.
On April 26, 2005, the Civil Service Commission Field Office - Office of the President (CSCFO-OP) disapproved the appointment due to Sarsonas’ failure to meet the required eligibility for the position.
CSCFO-OP certified that two qualified individuals, Mercedes Hinayon and Reynaldo Martin, were available for the position.
PCSO appealed to CSC-National Capital Region (CSC-NCR); CSC-NCR affirmed the disapproval on June 21, 2005, citing Sarsonas' lack of eligibility and presence of qualified eligibles.
PCSO appealed to the CSC on August 15, 2005; on March 15, 2006, CSC dismissed the appeal and affirmed disapproval (Resolution No. 06-0466).
PCSO’s motion for reconsideration was denied on May 22, 2007 (Resolution No. 070572).
PCSO elevated the case to the Court of Appeals (CA), which reversed the CSC decision on August 12, 2008.
The CSC’s motion for reconsideration before the CA was denied on November 28, 2008.

On November 25, 2004, PCSO Board resolved to appoint Lemuel G. Ortega as Assistant Department Manager II (Temporary) in the Planning and Production Department.
The PCSO General Manager issued a fourth renewal of Ortega’s temporary appointment.
CSCFO-OP disapproved Ortega’s appointment on December 7, 2004, for failure to meet eligibility requirements and existence of other qualified eligibles (Hinayon and Martin).
CSCFO-OP returned the appointment to PCSO on March 4, 2005.
PCSO requested CSC-NCR reconsideration on March 18, 2005, emphasizing Ortega’s 39 years of experience, competence, and management’s trust.
On June 21, 2005, CSC-NCR affirmed disapproval due to Ortega’s continued lack of eligibility despite opportunity to obtain it.
PCSO appealed to CSC, arguing Ortega met qualifications except eligibility, that interested qualified eligibles lacked training, and the position did not require Career Service Executive (CSE) eligibility as it was not presidential appointment.
CSC disapproved Ortega’s appointment on March 28, 2006 (Resolution No. 06-0528); motion for reconsideration denied on April 30, 2007 (Resolution No. 07-0821).
PCSO appealed to the CA, which set aside CSC resolutions on June 26, 2008.
CSC’s motion for reconsideration before CA was denied on November 17, 2008.

CA held that the position of Assistant Department Manager II is not covered by the Career Executive Service (CES).
The appointments by PCSO General Manager, subject to PCSO Board approval, are management prerogatives beyond CSC review.
CSC erred in disapproving appointments for lack of third level eligibility (CSE eligibility).
Positions require presidential appointment to be under CES; the subject position was neither enumerated in Administrative Code nor identified by the CES Board as equivalent.
No protest from qualified eligibles who expressed interest.
CSC cannot impose its own qualification standards but must assist and approve standards set by the department or agency.
Refusal to approve appointments constituted encroachment on PCSO’s discretion.

Whether the Court of Appeals erred in setting aside the CSC resolutions disapproving the temporary appointments of Sarsonas and Ortega as Assistant Department Manager II for lack of the required third level eligibility.

Essentially, the controlling issue is whether the position of Assistant Department Manager II falls under the Coverage of the Career Executive Service (CES), thus requiring third-level eligibility (CSE eligibility).