Case Digest (G.R. No. 101251)
Facts:
Eliseo A. Sinon v. The Civil Service Commission, Department of Agriculture‑Reorganization Appeals Board and Juana Banan, G.R. No. 101251, November 05, 1992, the Supreme Court En Banc, Campos, Jr., J., writing for the Court.Petitioner Eliseo A. Sinon was a Fisheries Extension Specialist II with the Bureau of Fisheries and Aquatic Resources in Region II; private respondent Juana Banan was the incumbent Municipal Agricultural Officer (MAO) in the same region. After Executive Order No. 116 (30 January 1987) reorganized the Ministry of Agriculture and Food into the Department of Agriculture (DA), a Placement Committee was created and produced a ranked list for 29 MAO positions in Region II that included Sinon (29th, 60.66%) but excluded Banan.
Respondent Department of Agriculture‑Reorganization Appeals Board (DARAB), acting on an appeal filed by Banan for re‑evaluation, issued RAB Resolution No. 97 (August 23, 1989) which re‑ranked the candidates and placed Banan 29th (59.32%), thereby displacing Sinon; the Secretary of Agriculture approved this resolution. Despite that, Sinon received an appointment as MAO on August 30, 1988 approved by the DA Regional Director, and he thereafter appealed DARAB’s action to the Civil Service Commission (CSC) by filing Civil Service Case No. 573 (filed Nov. 22, 1989).
The CSC initially set aside the DARAB resolution (principally because DARAB failed to file its comment timely and because the Placement Committee’s factual evaluation merited deference), but after DARAB filed a belated comment and Banan moved for reconsideration (filed Mar. 19, 1990), the CSC reversed its earlier ruling and, by Resolution dated February 8, 1991, granted Banan’s motion and gave due course to DARAB’s appointment recommendation; a motion for reconsideration filed by Sinon on March 21, 1991 was denied by CSC on July 11, 1991.
Sinon then filed a petition for certiorari with the Supreme Court seeking annulment of DARAB Resolution No. 97 (Aug. 23, 1989), the CSC Resolution of February 8, 1991 affirming DARAB, and the CSC Resolution of July...(Pro-only)
Issues:
- Did the Civil Service Commission commit grave abuse of discretion in reviewing and re‑evaluating the ratings/qualifications that led to petitioner Sinon’s displacement?
- Was the CSC’s affirmation of DARAB’s re‑evaluation and its practical approval of Juana Banan’s appointment an unlawful usurpation of the appointing authority’s power or otherwise inconsistent with the statutory placement and appointment s...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
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Doctrine:
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