Case Summary (G.R. No. 207422)
Petitioner
Angel A. Abad challenged the permanent appointment of Herminio Dela Cruz to a Salary Grade 27 position, alleging violation of the three-salary-grade rule and bypass of qualified next-in-rank employees.
Respondent
Herminio Dela Cruz, appointed City Assessor (City Government Department Head III) by Mayor Fresnedi, whose qualification and deep selection process were upheld by the CSC and Court of Appeals.
Key Dates
• December 28, 2006 – Dela Cruz’s permanent appointment effective.
• January 26, 2007 – Abad’s letter to CSC requesting disapproval.
• July 1, 2007 – Mayor San Pedro assumes office.
• September 25, 2007 – Abad’s administrative complaint to Mayor’s Office.
• August 17, 2009 – CSC-NCR invalidates Dela Cruz’s appointment.
• June 22, 2010 – CSC en banc reverses CSC-NCR and upholds appointment.
• April 11, 2012 – Court of Appeals affirms CSC resolution.
• March 18, 2015 – Supreme Court decision denying the petition for review.
Applicable Law
• 1987 Philippine Constitution, Article IX-B (merit system).
• Local Government Code (RA 7160), Section 472(a) (assessor qualifications).
• CSC Memorandum Circular No. 3, Series of 2001 (three-salary-grade and next-in-rank rules).
• CSC Resolution No. 03-0106 (meritorious exception to salary-grade limitation).
• Omnibus Rules, Executive Order No. 292, Book V (personnel selection, next-in-rank).
Factual Background
Mayor Fresnedi appointed Dela Cruz as City Assessor (Salary Grade 27) despite his previous Salary Grade 18 position. Abad, a Grade 23 incumbent, alleged that the promotion exceeded the allowable three-salary-grade increase and that next-in-rank applicants were excluded.
Proceedings Before the Civil Service Commission
The CSC-NCR invalidated the appointment for violating the three-salary-grade rule. On appeal, the CSC en banc found that a deep selection process had been conducted—ranking nine applicants on performance, work history, awards, education, training, potential, and personality traits—and classified Dela Cruz’s appointment as a “very meritorious case” exempted from the grade limitation.
Proceedings Before the Court of Appeals
The Court of Appeals affirmed the CSC en banc, ruling that the next-in-rank rule is merely preferential and does not vest exclusive appointment rights. It also found Abad failed to prove his status as next in rank or exclusion from consideration, and that Dela Cruz met minimum qualification requirements.
Issues
- Whether the appointment violated the next-in-rank rule.
- Whether the appointment lacked a deep selection process.
The Centrality of the Merit Principle
Under the 1987 Constitution and CSC rules, civil service appointments must prioritize merit and fitness. Competitive examinations and selection criteria—including non-quantifiable traits—are within the appointing authority’s discretion, subject to CSC attestation.
Next-in-Rank Rule Application
The next-in-rank rule mandates that qualified employees occupying the next lower positions be considered for promotion but does not guarantee unchallenged appointment. The burden lies on the protestant to prove next-in-rank status. Abad failed to demonstrate his position was officially designated next-in-rank to the City Assessor III.
Three-Salary-Grade Rule and Meritorious Exception
The CSC Memorandum Circular No. 3 limits promotions beyond three salary grades unless “very meritorious.” CSC Resolution No. 03-0106 lists exceptions, including a deep selection process asses
Case Syllabus (G.R. No. 207422)
Facts
- Herminio Dela Cruz was appointed by Mayor Jaime R. Fresnedi on December 28, 2006 as City Assessor of Muntinlupa, with the item of City Government Department Head III (Salary Grade 27).
- Angel A. Abad, Local Assessment Operations Officer V (Salary Grade 18), protested the appointment, alleging violation of the three-salary-grade rule and bypass of next-in-rank candidates.
- Abad wrote to the Civil Service Commission (CSC) seeking disapproval; the CSC referred his complaint to the City’s grievance machinery.
- A fire on August 3, 2007 destroyed Muntinlupa City Hall’s personnel records, delaying action on Abad’s complaint.
- On September 25, 2007, Abad filed a formal letter-complaint with the Mayor’s Office; the Grievance Committee found Dela Cruz’s promotion violated the three-salary-grade rule and recommended invalidation, which Mayor Aldrin San Pedro approved.
- The CSC–National Capital Region invalidated Dela Cruz’s appointment on August 17, 2009.
- On appeal, the CSC en banc reversed that decision on June 22, 2010, ruling Dela Cruz’s appointment an exception to the three-salary-grade rule after a “deep selection process.”
- Abad filed a Petition for Review with the Court of Appeals (CA); the CA dismissed the petition on April 11, 2012.
- Both motions for reconsideration before the CA were denied on June 4, 2013.
- Abad elevated the case to the Supreme Court via a Petition for Review on Certiorari, insisting (1) violation of the next-in-rank rule, and (2) lack of a deep selection process.
Procedural History
- CSC–NCR Decision (Aug 17, 2009): Invalidated appointment for three-salary-grade rule breach.
- CSC en banc Resolution No. 101276 (June 22, 2010): Reversed NCR decision, upheld appointment as meritorious exception.
- Court of Appeals Decision (Apr 11, 2012): Affirmed CSC en banc; held next-in-rank gives preference, not exclusive right; Dela Cruz met qualifications and ranked first among nine applicants.
- CA Resolutions (June 4, 2013): Denied motions for reconsideration.
- Supreme Court Petition for Review on Certiorari filed July 25, 2013; case argued on merits.
Issues
- Whether Dela Cruz’s promotion to City Government Department Head III is void for violating the next-in-rank rule.
- Whether Dela Cruz’s promotion is void fo