Province of Camarines Sur V CA

Province of Camarines Sur v CA | CM
July 14, 1995

PROVINCE OF CAMARINES SUR through its GOVERNOR, SANGGUNIANG PANLALAWIGAN and PROVINCIAL
TREASURER, petitioner,
vs.
COURT OF APPEALS and TITO B. DATO, respondent.
KAPUNAN, J.:
Summary: Tito Dato was appointed Assistant Provincial Warden in 1972 but only in a temporary capacity as he did
not yet have civil service eligibility. In 1974, Governor Alfelor approved the change in Datos employment status to
permanent as Dato had passed the civil service exam, but CSC said the appointment was temporary pending
validation of the exam results. Dato was indefinitely suspended and his name deleted form the plantilla. CSC wrote
changing the status to permanent, retroacting yo yhr date of release of the exam. Dato asked for reinstatement and
backwages. RTC and CA ruled in favour of Dato but the SC reversed. Datos subsequent qualification for civil service
eligibility did notipso facto convert his temporary status to that of permanent. CSC took on the power of the appointing
authority when it declared Datos appointment permanent. He being a temporary employee is thus not entitled to
backwages
Doctrine:
What is required is a new appointment since a permanent appointment is not a continuation of the temporary
appointment
CSC has the power to approve or disapprove an appointment set before it. It does not have the power to make the
appointment itself or to direct the appointing authority to change the employment status of an employee. The CSC
can only inquire into the eligibility of the person chosen to fill a position and if it finds the person qualified it must so
attest. If not, the appointment must be disapproved.
FACTS
On January 1, 1960, private respondent Tito Dato was appointed as Private Agent by the then governor of
Camarines Sur, Apolonio Maleniza.
On October 12, 1972, he was promoted and was appointed Assistant Provincial warden by then
Governor Felix Alfelor, Sr. Because he had no civil service eligibility for the position he was appointed to,
private respondent Tito Dato could not be legally extended a permanent appointment. Hence, what was
extended to him was only a temporary appointment renewed annually.
On January 1, 1974, Governor Alfelor approved the change in Dato's employment status from temporary
to permanent upon the latter's representation that he passed the civil service examination for supervising
security guards.
Said change of status however, was not favorably acted upon by the CSC as Dato did not possess the
necessary civil service eligibility for the office he was appointed to (ratio says CSC approved as
only temporary pending validation of the results of Dato's examination for supervising security guard). His
appointment therefore remained temporary.
Thereafter, no other appointment was extended to him.
On March 16, 1976, private respondent Tito Dato was indefinitely suspended by Governor Alfelor after
criminal charges were filed against him and a prison guard for allegedly conniving and/or consenting to
evasion of sentence of some detention prisoners who escaped from confinement.
2 years after the request for change of status was made, Mr. Lope B. Rama, head of the Camarines Sur Unit
of the CSC, wrote the Governor informing him that the status of Tito Dato has been changed from
temporary to permanent, the latter having passed the examination for Supervising Security Guard. The
change of status was to be made retroactive to June 11, 1974, the date of release of said examination.
Meanwhile, the Sangguniang Panlalawigan, suppressed the appropriation for the position of Assistant
Provincial Warden and deleted Datos name from the province's plantilla.
Tito Dato was subsequently acquitted of the charges. He requested the Governor for reinstatement and
backwages.
His request unheeded, Tito Dato filed an action for mandamus before the RTC
RTC ordered
1) the appropriation and payment of the back salaries of Dato equivalent to five (5) years without
qualification or deduction, at the rate of P14,532.00 per annum, with all the rights and privileges
2) P5,000.00 as attorney's fees; and
3) costs.
CA affirmed
Province of Camarines Sur interposed the present petition submitting that the respondent court erred in
(a) affirming the trial court's finding that private respondent Tito Dato was its permanent employee at the
time he was suspended on March 16, 1976; and
(b) modifying the said decision so as to allow private respondent to claim backwages for the entire period of
his suspension.
ISSUE/HELD: WON Tito Dato was a permanent employee of petitioner Province of Camarines Sur at the time he was
suspended on March 16, 1976.(NO)
RATIO:
Petitioner Province of CamSur contends that when Governor Alfelor recommended to CSC the change in
the employment status of Dato from temporary to permanent, which the CSC approved as
only temporary pending validation of the results of Dato's examination for supervising security guard, Dato's
appointment in effect remained temporary. Hence, his subsequent qualification for civil service eligibility did
notipso facto convert his temporary status to that of permanent.
SC: We agree with the Province
At the time Dato was appointed Assistant Provincial Warden on January 1, 1974, he had not yet qualified in
an appropriate examination for the aforementioned position. Such lack of a civil service eligibility made his
appointment temporary and without a fixed and definite term and is dependent entirely upon the pleasure of
the appointing power.
The fact that private respondent obtained civil service eligibility later on is of no moment as his having
passed the supervising security guard examination, did not ipso factoconvert his temporary
appointment into a permanent one.
What is required is a new appointment since a permanent appointment is not a continuation of the
temporary appointment these are two distinct acts of the appointing authority.
What is shown in the letter by Mr. Lope Rama to the Governor of Camarines Sur1 is a clear arrogation (takeover) of power properly belonging to the appointing authority. Time and again, the Court has defined the
parameters within which the power of approval of appointments shall be exercised by the Civil Service
Commission.
Luego v. Civil Service Commission: CSC has the power to approve or disapprove an appointment
set before it. It does not have the power to make the appointment itself or to direct the appointing
authority to change the employment status of an employee. The CSC can only inquire into the eligibility
of the person chosen to fill a position and if it finds the person qualified it must so attest. If not, the
appointment must be disapproved. The duty of the CSC is to attest appointments and after that function is
discharged, its participation in the appointment process ceases.
CAB: CSC should have ended its participation in the appointment of private respondent on January 1, 1974
when it confirmed the temporary status of the latter who lacked the proper civil service eligibility. When it
issued the foregoing communication on March 19, 1976, it stepped on the toes of the appointing
authority, thereby encroaching on the discretion vested solely upon the latter.
Moreover, the Court is not prepared to accord said letter any probative value, the same being merely a
purported photocopy of the alleged letter, initialed and not even signed by the proper officer of the CSC.
NOT ENTITLED TO BACKWAGES
Tito Dato, being merely a temporary employee, is not entitled to the relief he seeks, including his claim for
backwages for the entire period of his suspension.
DISPOSITIVE. REVERSED. petition for mandamus instituted by herein private respondent Tito Dato is hereby
DISMISSED.
1 This refers to the latest approved appointment of Mr. TITO DATO as Asst. Provincial Warden, this province, at P3600, effective
January 1, 1974 which was approved by this Office as temporary pending validation of his Supervising Security Guard eligibility.
It appears, however, that the aforementioned eligibility of Mr. Dato was released on June 11, 1974. In this connection, attention is
being invited to Sec. 19, Rule III of the Rules on Personnel Action and Policies which provides that "Eligibility resulting from civil
service examination . . . shall be effective on the date on the release of the results of the examination. . . ." (Emphasis supplied.) Mr.
Dato's Supervising Security Guard eligibility, therefore, takes effect June 11, 1974, the date the results thereof was released.
In view thereof, the aforementioned appointment of Mr. Dato is hereby approved anew as follows: "APPROVED as temporary under
Sec. 24 (c), R.A. 2260, as amended, effective January 1, 1974 up to June 10, 1974 and as permanent under Sec. 24 (b), R.A. 2260,
as amended, subject to the report on his physical and medical examination as to insurability, effective June 11, 1974. The
Supervising Security Guard eligibility of Mr. Dato has been validated by the Civil Service Commission, Quezon City.

Province of Camarines Sur V CA

Uploaded by

Copyright:

Available Formats

Province of Camarines Sur V CA

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Province of Camarines Sur V CA

Uploaded by

Copyright:

Available Formats

Province of Camarines Sur v CA | CM

July 14, 1995

Thereafter, no other appointment was extended to him.

SC: We agree with the Province

NOT ENTITLED TO BACKWAGES

You might also like