G.R. No. 181367 - La Carlota City, Negros Occidental vs. Rojo

On March 18, 2004, then Vice-Mayor Rex R. Jalandoon of La Carlota City, Negros Occidental, appointed Atty. Rex G. Rojo as Sangguniang Panlungsod Secretary under a permanent status.
Prior to his appointment, Rojo tendered his resignation as a Sangguniang Panlungsod member, effective the day before.
The appointment papers were transmitted on March 19, 2004 to the Civil Service Commission (CSC) Negros Occidental Field Office for attestation.

The CSC Field Office observed deficiencies in the appointment documents – namely, missing signatures by the Chairman of the Personnel Selection Board and the Human Resource Management Officer, as well as an uncertified publication requirement.
On March 24, 2004, the CSC notified Vice-Mayor Jalandoon of such infirmities; subsequently, on April 14, 2004, the office effectively deemed the appointment as recalled or withdrawn.

Vice-Mayor Jalandoon appealed the recall to the CSC Regional Office No. 6, arguing that despite the lack of one signature, the transmittal of the documents indicated the appointment was complete and regular.
Before the CSC Regional Office rendered its decision, the City of La Carlota (represented by Mayor Jeffrey P. Ferrer) and the Sangguniang Panlungsod (represented by Vice-Mayor Demie John C. Honrado) intervened.
The intervenors argued on various grounds:

That Rojo, by his inaction, had waived his right to appeal, making him not the proper party in interest.
That the appointment occurred outside the stipulated election ban period.
That Rojo’s resignation as a Sangguniang Panlungsod member was validly tendered (i.e., with a proper quorum) and should have taken effect.

On September 20, 2004, the CSC Regional Office No. 6 reversed the earlier CSCFO ruling, approving Rojo’s appointment based on substantial compliance with all appointment requirements—publication, deliberation by the Personnel Selection Board, certification regarding appropriations, and the proper certification by the appointing authority.
Mayor Ferrer and Vice-Mayor Honrado then filed an appeal with the CSC, which was dismissed on May 17, 2005, on the ground that they were not the proper appointing authority.
The petitioners eventually elevated the case to the Court of Appeals. On September 14, 2007, the Court of Appeals denied their petition and affirmed the CSC’s resolution. A motion for reconsideration was likewise denied on January 18, 2008.

A pivotal factual point was the determination of whether the Sangguniang Panlungsod session held on March 17, 2004, reached a valid quorum for accepting Rojo’s resignation.
Petitioners maintained that excluding the vice-mayor (as the presiding officer) from the membership count left only six out of twelve members present—insufficient for a quorum.
Respondent and supporting authorities argued that the Sangguniang Panlungsod’s total composition included thirteen members (the vice-mayor, ten regular members, and two ex-officio members), meaning that the presence of six members plus the presiding officer (totaling seven) constituted a valid quorum.

The controversy involved interpreting key provisions of Republic Act No. 7160 (Local Government Code) regarding:

The effective resignation of elective officials (Section 82).
The composition and quorum requirements of legislative bodies (Sections 49, 52, 53, and 457).

Supporting opinions included those of the CSC and DILG, as well as precedents such as Zamora v. Caballero and discussions on Perez v. Dela Cruz with respect to membership and quorum determinations.

Whether Atty. Rex G. Rojo’s appointment as Sangguniang Panlungsod Secretary violated the constitutional prohibition against appointing an elective official during his tenure.

This issue centers on whether Rojo’s resignation as a Sangguniang Panlungsod member was validly accepted before his appointment, given the alleged failure to produce a proper quorum.

Whether the appointment was invalid due to noncompliance with prescribed civil service rules and regulations.

This involves assessing if the deficiencies in the appointment documents (lack of required signatures and certifications) undermine the validity of the appointment.

Whether the Sangguniang Panlungsod session on March 17, 2004, had a valid quorum to accept the resignation of a member.

The controversy focuses on whether the vice-mayor, as presiding officer, should be counted as a member of the legislative body for the purpose of reaching a quorum.

Whether the appointing authority and the party raising the appeal were proper, particularly in the context of the differences between the roles of the appointing authority and the concerned individual’s waiver of rights.