Case Summary (G.R. No. 126397)
Applicable Law
The key provision in question is Section 99 of Republic Act No. 7160, known as the Local Government Code of 1991. This section mandates consultation with local school boards for appointments made by the DECS. The dispute also involves the interpretation of the roles and powers of the President in appointing Schools Division Superintendents.
Civil Service Commission's Resolutions
On March 31, 1998, the CSC dismissed Petitioner’s protest, asserting that Respondent’s appointment originated from a preceding appointment by the President, who acted within his authority. This ruling was upheld even after Petitioner filed a Motion for Reconsideration, which the CSC denied on August 3, 1998. The Commission indicated that the appointments made by the President did not require consultation with local school boards, thereby dismissing Petitioner’s claims.
Court of Appeals Ruling
Petitioner subsequently sought review before the Court of Appeals, which, on August 6, 1999, also ruled against her. The Court adhered to the CSC's findings that Respondent's appointment was a reassignment and not a new appointment, thus exempting it from the mandatory consultations detailed in the Local Government Code.
Supreme Court's Findings
Ultimately, the Supreme Court held that Petitioner’s claims were unmeritorious. It explained that the terms "appointment" and "reassignment" must be distinguished clearly. An appointment involves a formal selection to a position with security of tenure, while a reassignment refers to a transfer of the employee that does not necessitate a new appointment.
Petitioner's Claims of Vested Rights
Petitioner argued that she possessed a vested right to the position based on her endorsement by the Provincial School Board. The Court clarified that such endorsement did not equate to an appointment, which was necessary for her claim to se
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Case Information
- Court: Supreme Court of the Philippines
- Date: January 30, 2002
- G.R. No.: 139821
- Deciding Justice: Ynarez-Santiago, J.
- Nature of the Case: Petition for review from the Court of Appeals
Background of the Case
- On November 20, 1997, Dr. Eleanor A. Osea (petitioner) filed Protest Case No. 91120-004 with the Civil Service Commission (CSC).
- Petitioner claimed her appointment as Officer-in-Charge, Assistant Schools Division Superintendent of Camarines Sur was recommended by Secretary Ricardo T. Gloria of the Department of Education, Culture and Sports (DECS).
- Despite this recommendation, Dr. Corazon E. Malaya (respondent) was appointed by President Fidel V. Ramos as Schools Division Superintendent of Camarines Sur without consulting the Provincial School Board, a violation of Section 99 of the Local Government Code of 1991.
- Petitioner sought to have respondent's appointment declared null and void.
Relevant Legal Provisions
- Local Government Code of 1991 (Republic Act No. 7610):
- Section 99: Mandates consultation with local school boards for the appointment of division superintendents, district supervisors, school principals, and other school officials by the DECS.
Civil Service Commission Proceedings
- On March 31, 1998, the CSC issued Resolution No. 980699, dismissing the petitioner's protest-complaint.
- The CSC found that:
- Respondent was appointed by President Ramos on September 13, 1996, without a specific division.
- On November 3, 1997, Secretary Gloria reassigned the respond