Case Digest (G.R. No. 181367)
Facts:
La Carlota City, Negros Occidental, represented by its Mayor, Hon. Jeffrey P. Ferrer, and the Sangguniang Panlungsod of La Carlota City, Negros Occidental, represented by its Vice‑Mayor, Hon. Demie John C. Honrado, petitioners, vs. Atty. Rex G. Rojo, respondent, G.R. No. 181367, April 24, 2012, the Supreme Court En Banc, Carpio, J., writing for the Court.On March 17, 2004, Atty. Rex G. Rojo, then a member of the Sangguniang Panlungsod (SP) of La Carlota City, tendered an irrevocable resignation during a regular SP session. The next day, March 18, 2004, then Vice‑Mayor Rex R. Jalandoon appointed Rojo as Sangguniang Panlungsod Secretary (a permanent appointment), and Rojo took his oath. Jalandoon transmitted the appointment papers to the Civil Service Commission Negros Occidental Field Office (CSCFO) on March 19, 2004.
The CSCFO, by letter dated March 24, 2004, pointed out infirmities in the appointment papers — notably the absence of signatures/certifications by the Chairman of the Personnel Selection Board and the Human Resource Management Officer — and, after noncompliance, declared the appointment recalled/withdrawn in a letter of April 14, 2004. Jalandoon appealed the CSCFO action to the Civil Service Commission Regional Office No. VI (CSCRO), asserting substantial compliance with requirements despite the missing signature.
While the CSCRO reversed the CSCFO on September 20, 2004 and approved Rojo’s appointment, the newly elected Mayor Ferrer and Vice‑Mayor Honrado intervened and elevated the case to the Civil Service Commission (Commission). On May 17, 2005 the Commission dismissed the intervenors’ appeal for improper party status but reiterated the CSCRO’s findings; it denied the petitioners’ motion for reconsideration on November 8, 2005.
The petitioners sought judicial relief in the Court of Appeals (CA) via petition for review on certiorari; the CA denied the petition in a Decision dated September 14, 2007 and denied reconsideration in a Resolution dated January 18, 2008, thereby affirming the CSC determinations. Petitioners then filed this petition for review before the Supreme Court (Rule 45), challenging (a) whether Rojo’s appointment violated the con...(Pro-only)
Issues:
- Was Atty. Rojo’s appointment as Sangguniang Panlungsod Secretary void for violating the constitutional prohibition on appointment of an elective official during his tenure (Art. IX‑B, Sec. 7), given the contested effectiveness of his resignation?
- Was Rojo’s appointment issued contrary to applicable civil service rules and regulations (i.e., was CSC correct to approve/attest the appointment d...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)