408 Supreme Court Reports Annotated: Salcedo vs. Court of Appeals
408 Supreme Court Reports Annotated: Salcedo vs. Court of Appeals
408 Supreme Court Reports Annotated: Salcedo vs. Court of Appeals
*
No. L-40846. January 31, 1978.
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*FIRST DIVISION.
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November 23, 1963, after the passage of the new Civil Service
Law of 1959 which required the said examination. x x x Hence, it
cannot be required of the petitioner to take and pass an
examination given years after his appointment was validated as
permanent by the Commissioner of Civil Service at a time when
the disputed position has as yet no separate civil service eligibility
requirement. x x x Therefore, the attestation of petitioner’s
appointment as permanent was not illegal nor erroneous, and
consequently, his services cannot be terminated on this ground.
The claim of respondent mayor to the contrary is without factual
or legal basis.
GUERRERO, J.:
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in force and effect.” R.A. 2260 took effect June 19, 1959.
Records show that petitioner duly acquired and enjoyed a
permanent appointment under the provisions of the old
Civil Service Law.
Petitioner took and passed the U.S. Civil Service
Examination for Messenger and Skilled Laborers in 1928.
He was first appointed to the disputed position in 1955. His
appointment was later validated as permanent in 1957.
Since then, he discharged the functions of the position
without question from any quarters. It was only in 1965
that his right to the position was questioned in the letter
terminating his services.
Under par. 3 of Executive Order No. 39, dated June 23,
1936, amplifying the provisions of Sec. 661, Chapter 27 of
the Revised Administrative Code, the “Bureau of Civil
Service, in addition to the power and authority vested in it
under existing law, shall take exclusive charge of all formal
administrative investigations against officers and
employees in the Civil Service, and the decisions and the
recommendations of the Commissioner of Civil Service with
respect to appointments, removal, separation, and other
matters relating to the conduct, discipline, and efficiency of
the employees in the Civil Service shall be final; Provided,
that the decision of the said commissioner on
administrative investigations against any officer or
employee in the Civil Service may be appealed to the Civil
Service Board of Appeals. (emphasis supplied). It is evident
that pursuant to the provisions of the old law, the
Commissioner of Civil Service had the final authority in
the matter of petitioner’s appointment.
It is conceded that even under the old Civil Service Law,
“no person shall be appointed to or employed in any
position in the classified service2
until he passes the
examination provided therefore.” However, at the time of
petitioner’s appointment and its validation as permanent,
there was no civil service examination required for
appointments to the position of Chief of Police, as the
stated examination was first given only on November 23,
1963 after the passage of the new Civil Service Law of 1959
which required the said examination. This fact
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Petition granted.
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416
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