G.R. No. 245457 - Claveria vs. Civil Service Commission

On September 10, 2014, Marilyn D. Claveria was appointed as Special Investigator III of the Bureau of Fire Protection (BFP) after passing a screening conducted by the Personnel Selection Board.
The position was publicly advertised by both the BFP and the Civil Service Commission (CSC) on their respective websites, with clearly stated qualification standards including:

A Bachelor’s degree relevant to the job.
Eight hours of relevant training.
Two years of relevant experience.
Eligibility requirements comprising Career Service (Professional)/Second Level Eligibility and, in Claveria’s case, Fire Officer Eligibility.

Director II Claudia Abalos-Tan of the CSC Field Office - Department of Interior and Local Government (CSCFO-DILG) disapproved Claveria’s appointment via a letter dated December 12, 2014.
The disapproval was based on the argument that the appointment did not meet the required eligibility because:

The subject position was non-uniformed, and Fire Officer Eligibility could only be applied to uniformed positions.
Item No. 4 of CSC Resolution No. 12-02190 indicated that the Fire Officer Eligibility pertained exclusively to second level ranks in the fire protection service and functionally related positions, specifically excluding non-uniformed roles.

Claveria appealed the disapproval with the CSC-NCR by emphasizing that her personal qualifications (Bachelor of Science in Criminology, relevant training, two years of experience, and possession of Fire Officer Eligibility) matched those required for the Special Investigator III position.
In Decision No. 150101 dated March 6, 2015, the CSC-NCR granted her appeal, approving her permanent appointment and finding that her qualifications were in compliance with CSC Resolution No. 12-02190 due to the functional relatedness between the duties of a Special Investigator III and those of second level ranks in the fire protection service.

The Legal Affairs Service of the BFP-National Headquarters expressed concerns regarding a jump in salary grade from SG 6 to SG 18, prompting a letter, dated June 2, 2015, to the CSC chairman praying for the recall of Claveria’s appointment.
In Decision No. 161484 dated November 22, 2016, the CSC, treating the letter as a Petition for Review, recalled Claveria’s appointment by emphasizing that:

Special Investigator III, as a non-uniformed position, required a Career Service Professional Eligibility.
The Fire Officer Eligibility was deemed applicable only to uniformed positions.

Claveria moved for reconsideration on several grounds, including lack of evidentiary support and improper interpretation of “functionally related positions,” but her motion was denied in Resolution No. 1700600 dated March 7, 2017.
Subsequently, Claveria filed a Petition for Review under Section 4, Rule 43 of the Rules of Court with the Court of Appeals (CA), which in its Decision dated June 26, 2018, denied her petition, upholding the CSC’s restriction of the Fire Officer Eligibility to uniformed positions.

The CSC and CA failed to correctly apply the rules on eligibility under the Omnibus Rules Implementing Book V of Executive Order No. 292.
The term “functionally related positions” should include non-uniformed positions such as that of a Special Investigator III.

The Supreme Court ultimately reversed the CA and CSC decisions, reinstating the CSC-NCR decision that granted her permanent appointment.

Whether Claveria’s Fire Officer Eligibility qualifies her for the Special Investigator III position despite it being a non-uniformed role.

Is the interpretation that limits the application of Fire Officer Eligibility solely to uniformed positions tenable?
Does the phrase “functionally related positions” within CSC Resolution No. 12-02190 extend to non-uniformed positions such as Special Investigator III?

Whether the CSC properly recalled Claveria’s appointment based on the eligibility requirements for a second level appointment in the civil service.
Whether Claveria’s subsequent qualification as a Criminologist could cure the defect in her qualification at the time of the appointment.