Case Summary (G.R. No. 223623)
Procedural History
• July–June 2004: Notices of vacant positions, public announcements, applications, and mayoral appointments issued.
• CSC Field Office disapproved appointments for lack of fund‐availability certification; CSC Regional Office No. XII dismissed appeals as appointments lacked prescribed requirements.
• Petition for mandamus filed in RTC Iligan City Branch 3 to compel issuance of fund‐availability certification (Sec. 1(e)(ii), Rule V, CSC Mem. Circ. No. 40, Series of 1998) and signing of position forms.
• RTC denied the petition, holding that fund‐availability certification for salary payment is a city treasurer’s ministerial duty (Sec. 344, Local Government Code).
• RTC denied reconsideration; petition for review on certiorari elevated to the Supreme Court.
Procedural Compliance
Respondents challenged the petition’s verification and certification against forum shopping as only eleven of fifty-nine petitioners signed, with no identification presented to the notary. Petitioners invoked substantial compliance and justifiable cause (inability to contact others). The Court:
- Distinguished verification (flexible, curable) from certification against forum shopping (strict, normally uncured).
- Found substantial compliance: signatories had personal knowledge; non-signers dropped as parties.
- Accepted supplemental submission of community tax details.
Issue Presented
Whether the ministerial duty to issue the certification of availability of funds for CSC appointment approval devolves on the city accountant under Section 474(b)(4) of the Local Government Code or on the city treasurer under Section 344.
Mootness and Justiciability
Although CSC disapproval rendered petitioners’ appointments void and the case technically moot, the Court exercised its discretion to resolve the legal issue due to its capacity for repetition and public interest.
Statutory Analysis on Certification of Funds
• Section 474(b)(4) (LG Code): “The accountant … shall certify to the availability of budgetary allotment to which expenditures and obligations may be properly charged.” Applies prior to obligation and payment, encompassing certification for salary appropriations before CSC approval.
• Section 344 (LG Code): Governs post-obligation disbursement—requires budget officer, accountant, and treasurer certifications to support voucher issuance for services already rendered or expenses incurred
Case Syllabus (G.R. No. 223623)
Parties and Relief Sought
- Petitioners: Fifty-nine individuals appointed by then Iligan City Mayor Franklin M. Quijano to various vacant career positions.
- Respondents: City Accountant Camilo G. Empleo (and his successors) and certain City Human Resource officers.
- Relief prayed: Writ of mandamus commanding issuance of certification of availability of funds for petitioners’ salaries and wages, and signing of position description forms.
- Governing rule: Section 1(e)(ii), Rule V of CSC Memorandum Circular No. 40, Series of 1998.
Factual Background
- July 2003: Mayor Quijano notifies CSC of numerous vacant positions; vacancies publicly announced.
- Applicants (including petitioners) submit applications for positions they qualify for.
- May 27, June 1, June 24, 2004: Mayor Quijano issues appointments to petitioners pending CSC approval.
- Sangguniang Panglungsod adopts Resolution No. 04-242 (suspending appointment processing until new budget) and Resolution No. 04-266 (holding transmissions in abeyance due to “midnight appointments” policy).
- City Accountant Empleo does not issue fund-availability certification; HR officers do not sign position descriptions.
- CSC Field Office disapproves all appointments for lack of the required certification.
- CSC Regional Office No. XII dismisses mayor’s appeal, characterizing its approval function as strictly ministerial.
RTC Proceedings and Ruling
- Petitioners file petition for mandamus before RTC Iligan City, Branch 3.
- RTC denies mandamus: holds that fund-availability certification for salary payments is within treasurer’s domain under Section 344 of LGC 1991.
- RTC cites LGC Sec. 344: budget officer certifies appropriation, accountant obligates, treasurer certifies funds.
Petition for Review on Certiorari
- Petitioners elevate case to the Supreme Court via Rule 45 petitio