G.R. No. 130214 - ISMAEL A. MATHAY, JR., VS. CIVIL SERVICE COMMISSION. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the approval of the appointment of Olegario S. Tabernilla as Engineer V dated August 22, 1994, is hereby recalled and revoked. Ligaya Caya, Acting Field Officer is hereby directed to explain in writing within five (5) days from receipt hereof why she approved Tabernilla's appointment under permanent status although he does not meet the qualification requirements. MATHAY moved for the reconsideration [3] of the said Resolution, alleging that the Ordinance which was the law that created the office unequivocally specified a Professional Electrical Engineer as its only requirement; hence, the appointee needed only to comply therewith. While conceding that the appointment in local government units are subject to civil service laws, rules and regulations, MATHAY averred that such truism cannot override the right of the appointing power to choose his appointee, considering that the power of appointment is essentially discretionary. [4] MATHAY further argued that TABERNILLA's title to the office became complete with the confirmation by the CSC Regional Field Office of TABERNILLA's appointment and his subsequent taking of the oath of office and assumption of duties. TABERNILLA then acquired a legal right which could not be taken away from him either by revocation of the appointment or by removal except for cause and with previous notice and hearing. [5] MATHAY then intimated that TABERNILLA was not notified of the protest, nor was a hearing conducted thereon. MATHAY thereafter filed a supplemental motion manifesting that under Republic Act. No. 184, [6] the educational requirement for admission to the Electrical Engineering Board Examinations is only two years of resident collegiate engineering training. Since TABERNILLA completed the two-year Associate in Electrical Engineering course and passed the board examinations, he was qualified for the contested position. In Resolution 95-1743 [7] dated 9 March 1995, the CSC denied the motion for reconsideration. It elucidated that under Sections 76, 77 and 78 of R.A. No. 7160, otherwise known as the Local Government Code of 1991, the CSC has the power to determine the qualification standards for the various positions in the local government and review whether the appointments meet these standards. The qualification standards for new offices, which local governments have the authority to create, must not be lower than those prescribed by the CSC. Under existing civil service laws and rules, an appointee to Engineer V must possess a Bachelor's Degree in Engineering. TABERNILLA certainly failed to qualify for the position. The fact that he met all the requirements for admission to Electrical Engineering Board Examination as provided for under R.A. No. 184, and passed the said examination does not mean compliance with the prescribed qualification standards. On 7 September 1995, TABERNILLA filed his own "petition" praying for the review of, and "second hard look" on, Resolutions Nos. 95-0218 and 95-1743. O