Case Digest (G.R. No. 92299)
Facts:
In Reynaldo R. San Juan v. Civil Service Commission, Department of Budget and Management and Cecilia Almajose (G.R. No. 92299, April 19, 1991), Governor Reynaldo R. San Juan of Rizal sought certiorari under Section 7, Article IX-A of the 1987 Constitution to annul CSC Resolutions No. 89-868 (Nov. 21, 1989) and No. 90-150 (Feb. 9, 1990), which upheld the appointment of Cecilia Almajose as Provincial Budget Officer (PBO) of Rizal. On March 22, 1988, the PBO post became vacant. By letter dated April 18, 1988, the Governor designated Dalisay Santos as Acting PBO and requested DBM Region IV Director Abella to endorse her regular appointment. Instead, on July 26, 1988, Director Abella recommended Ms. Almajose—then Municipal Budget Officer of Tanay—based on a comparative study emphasizing her CPA qualification. DBM Undersecretary Cabuquit signed Almajose’s appointment on August 1, 1988. Unaware of this, the Governor on August 3, 1988 renewed his recommendation for Santos. On November 2Case Digest (G.R. No. 92299)
Facts:
- Parties and Questioned Resolutions
- Petitioner: Reynaldo R. San Juan, Governor of the Province of Rizal.
- Respondents: Civil Service Commission (CSC), Department of Budget and Management (DBM), and private respondent Cecilia Almajose.
- CSC Resolutions No. 89-868 (November 21, 1989) and No. 90-150 (February 9, 1990) dismissed Governor San Juan’s appeal and upheld Almajose’s appointment as Provincial Budget Officer (PBO) of Rizal.
- Vacancy and Acting Appointment
- The PBO position of Rizal became vacant on March 22, 1988, after the resignation of its former holder.
- Governor San Juan designated Dalisay Santos as Acting PBO by memorandum and requested DBM Region IV Director Reynaldo Abella to endorse her formal appointment.
- Recommendation and Formal Appointment
- July 26, 1988: Director Abella recommended Cecilia Almajose—being the only Certified Public Accountant among contenders—for the PBO position.
- August 1, 1988: DBM Undersecretary Nazario S. Cabuquit, Jr. signed and approved Almajose’s appointment papers.
- Governor San Juan, unaware of that appointment, reiterated his request for Santos’s appointment (letter of August 3, 1988).
- Protests and Administrative Rulings
- August 31, 1988: DBM Regional Director Agripino G. Galvez informed Governor San Juan that his nominees did not meet minimum requirements under Local Budget Circular No. 31 and invited new recommendees.
- November 2, 1988: San Juan formally protested Almajose’s appointment to DBM Secretary Ramon V. Carague on grounds of lack of authority, work experience, and exclusive recommendatory right under EO 112.
- January 9, 1989: DBM Bureau of Legal & Legislative Affairs ruled against San Juan’s protest.
- February 28, 1989: DBM Secretary denied San Juan’s motion for reconsideration.
- March 27, 1989: San Juan filed protest with CSC, which issued the questioned resolutions upholding Almajose’s appointment.
- Assignment of Errors
- CSC erred in upholding the appointment by DBM Undersecretary Cabuquit.
- CSC erred in finding Cecilia Almajose qualified.
- CSC erred in declaring San Juan’s nominees unqualified.
- CSC and DBM gravely abused discretion by not allowing San Juan to submit new nominees.
Issues:
- Whether the appointment of Cecilia Almajose by DBM Undersecretary Cabuquit, outside the list of Governor San Juan’s recommendees, was valid under Executive Order No. 112 and pertinent civil service rules.
- Whether the Governor’s recommendatory power under EO 112 is mandatory and exclusive, thereby limiting the DBM Secretary to choose only from his nominees.
- Whether the reservation in Local Budget Circular No. 31 to fill vacancies with non-recommendees is valid or ultra vires.
- Whether Almajose satisfied the statutory qualifications for PBO.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)