Case Digest (G.R. No. 163443)
Facts:
Liza M. Quirog and Rene L. Relampagos v. Governor Erico B. Aumentado, G.R. Nos. 163443 and 163568, November 11, 2008, the Supreme Court En Banc, Leonardo‑De Castro, J., writing for the Court. These consolidated Rule 45 petitions seek review of the Court of Appeals' Decision dated March 31, 2003 and Resolution dated April 12, 2004 in CA‑G.R. SP No. 70255, which had set aside certain Civil Service Commission (CSC) resolutions and reinstated CSC Regional Office No. VII (CSCROVII) rulings invalidating an appointment.On May 28, 2001, then Bohol Governor Rene L. Relampagos permanently appointed Liza M. Quirog as Provincial Government Department Head, Office of the Provincial Agriculturist (PGDH‑OPA); the Sangguniang Panlalawigan confirmed the appointment on June 1, 2001 and Quirog took her oath that same day. Prior to the permanent appointment, the Provincial Personnel Selection Board (PSB) issued a certification on May 28, 2001 that Quirog was one of two qualified candidates. The provincial government sent its Monthly Report on Personnel Actions for May–June 2001 to CSC Regional Office No. VII (CSCROVII).
On June 28, 2001, the Director of CSCROVII invalidated Quirog’s appointment, finding it part of post‑election “bulk” appointments allegedly violative of Item 3(d) of CSC Resolution No. 010988 (June 4, 2001) and earlier CSC pronouncements against midnight appointments. Relampagos and Quirog filed a motion for reconsideration before CSCROVII, arguing among other things that CSC Resolution No. 010988 took effect only on June 4, 2001 (after Quirog’s appointment) and that Quirog had served as Acting Provincial Agriculturist since June 2000.
CSCROVII denied reconsideration on July 23, 2001 for lack of legal personality to file such pleading, citing Section 2, Rule VI of CSC Memorandum Circular (MC) No. 40, s. 1998 (which references that requests for reconsideration or appeal may be made by the appointing authority). Relampagos and Quirog appealed jointly to the CSC Central Office (Adm. NDC No. 01‑88). On November 20, 2001, the CSC (Resolution No. 011812) granted the joint appeal, set aside CSCROVII’s order and decision, enjoined the regional office to approve Quirog’s appointment, and held that the appointment was not a midnight appointment and that CSC Resolution No. 010988 should be prospectively applied. Incumbent Governor Erico B. Aumentado moved for reconsideration; the CSC denied it on February 22, 2002 (Resolution No. 020271).
Aumentado filed a Rule 43 petition with the Court of Appeals (CA‑G.R. SP No. 70255). On March 31, 2003 the Court of Appeals reversed the CSC and reinstated CSCROVII’s June 28 and July 23, 2001 rulings, holding that only the appointing authority could request reconsideration or appeal (relying on Section 2, Rule VI of MC No. 40). The CA also issued a resolution dated April 12, 2004 denying reconsideration. The CSC and Quirog/Relampagos separately filed Rule 45 petitions with the Supreme Court (docketed as G.R. Nos. 163568 and 163443 respectively); the petitions were consolidated July 13, 2004.
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Issues:
- Do petitioners Relampagos and Quirog have the legal standing to file a motion for reconsideration of, or appeal from, the CSCROVII’s disapproval of Quirog’s appointment?
- Did Quirog’s appointment violate Item 3 of CSC Resolution No. 010988 (June 4, 2001)?
- Was Quirog’s appointment a “midnight appoi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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