Case Summary (G.R. No. 181367)
Facts
On March 18, 2004, Atty. Rex G. Rojo was appointed as Sangguniang Panlungsod Secretary by Vice-Mayor Rex R. Jalandoon following Rojo's resignation from the Sangguniang Panlungsod. The Civil Service Commission (CSC) raised issues regarding the appointment's documentation. The CSC denied the appointment due to perceived deficiencies and subsequently deemed it withdrawn. City officials contested Jalandoon’s standing to appeal this decision, arguing that Rojo should be considered the real party in interest in the matter. The Civil Service Commission Regional Office approved Rojo's appointment later due to sufficient compliance with requirements after an appeal.
Rulings of the Civil Service Commission
The CSC Regional Office reversed the initial denial of Rojo's appointment, citing that the Vice-Mayor acted within his authority and the appointment met compliance with the necessary prerequisites. Following an appeal by the new city administration, the CSC dismissed the petitioners' case due to their lack of standing, affirming that only the appointing authority could contest the appointment's validity. This led to the petitioners taking their case to the Court of Appeals.
Court of Appeals Decision
The Court of Appeals upheld the CSC, emphasizing that the Civil Service Commission’s role in attesting appointments is limited to verifying eligibility and qualifications. The Court found that Rojo met all qualifications for the position, and that any procedural shortcomings in the appointment process did not substantiate disapproval. The Court ruled that the lack of a signature from the Human Resource Management Officer did not invalidate the appointment as it would unfairly constrain the appointing authority.
Issues Raised
The petitioners contested the validity of Rojo's appointment on two grounds: whether the appointment violated the constitutional restriction on the appointment of an elected official during their term, and whether the appointment contravened existing civil service rules. They argued that Rojo’s resignation was ineffective due to a lack of quorum when it was presented to the assembly and thus, he was still an incumbent at the time of his appointment.
Interpretation of Legal Provisions
The court examined relevant provisions from the Local Government Code, asserting that resignations must be accepted during a session with a quorum present. Section 82 of the Local Government Code specifies the authorities that must accept resignations of elective officials. Consequently, the court assessed whether the presence of the Vice-Mayor as presiding officer counted towards quorum. The petitioners argued that without him, the body lacked the necessary seven members for quorum, while Rojo maintained that the Vice-Mayor should be considered in the quorum count, leading to a valid acceptance of his resignation.
Conclusion of the Court
The Court ruled affirmatively on the validity of Rojo’s appointment, concluding that s
...continue readingCase Syllabus (G.R. No. 181367)
Background of the Case
- The case revolves around a petition for review challenging the September 14, 2007 Decision and January 18, 2008 Resolution of the Court of Appeals.
- The Court of Appeals affirmed the Civil Service Commission's earlier decisions approving Atty. Rex G. Rojo’s appointment as Sangguniang Panlungsod Secretary with permanent status.
Facts of the Case
- On March 18, 2004, then Vice-Mayor Rex R. Jalandoon appointed Atty. Rex G. Rojo as Sangguniang Panlungsod Secretary.
- Rojo had resigned from his position as a member of the Sangguniang Panlungsod the day before his appointment.
- The Vice-Mayor submitted Rojo’s appointment papers to the Civil Service Commission (CSC) for attestation.
- The CSC Negros Occidental Field Office (CSCFO) found infirmities in the appointment documents, leading to the recall of Rojo’s appointment on April 14, 2004.
- Jalandoon appealed the decision, claiming that the Human Resource Management Officer's refusal to sign the documents did not invalidate the appointment.
- The newly elected officials of La Carlota City (Mayor Ferrer and Vice-Mayor Honrado) intervened, arguing Jalandoon was not the real party in interest and that Rojo's appointment violated the election ban and quorum provisions.
Ruling of the Civil Service Commission (CSC)
- On September 20, 2004, the CSC Regional Office No. 6 ruled in favor of Rojo, stating that the appointment was valid and complied with the necessary requirements.
- The CSC found that there was a valid quorum when Rojo’s resignation was accepted and that the appointment did not violate the election ban.
- The Commission later dismissed the appeal from the new city officials on May 17, 20