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CIVIL SERVICE COMMISSION, petitioner, vs. SATURNINO DE LA CRUZ,
respondent.
Civil Service Law; Civil Service Commission; Public Officers; It is elementary in the
law of public officers that the power to appoint is in essence discretionary on the part
of the proper authority.—It is elementary in the law of public officers that the power
to appoint is in essence discretionary on the part of the proper authority. In Salles
vs. Francisco, et al., we had occasion to rule that, in the appointment or promotion of
employees, the appointing authority considers not only their civil service eligibilities
but also their performance, education, work experience, trainings and seminars
attended, agency examinations and seniority. Consequently, the appointing
authority has the right of choice which he may exercise freely according to his best
judgment, deciding for himself who is best qualified among those who have the
necessary qualifications and eligibilities. The final choice of the appointing authority
should be respected and left undisturbed. Judges should not substitute their
judgment for that of the appointing authority.
Same; Same; Same; Given the demands of a certain job, who can do it best should be
left to the head of the office concerned provided the legal requirements for the office
are satisfied.—There is no reason to disapprove the appointment of respondent as
Chief of the Aviation Safety Regulation Office considering that he is fully qualified
and evidently the choice of the appointing authority. Between the Commission and
the appointing authority, we sustain the latter. “Every particular job in an office
calls for both formal and informal qualifications. Formal qualifications such as age,
number of academic units in a certain course, seminars attended, etc., may be
valuable but so are such intangibles as resourcefulness, team spirit, courtesy,
initiative, loyalty, ambition, prospects for the future and best interest of the service.
Given the demands of a certain job, who can do it best should be left to the head of
the office concerned provided the legal requirements for the office are satisfied.”
PETITION for review on certiorari of the decision and resolution of the Court
of Appeals.
The facts are stated in the opinion of the Court.
The Solicitor Generalfor petitioner.
Marius Bartolabac for respondent.
CORONA, J.:
Before us is a petition for certiorari under Rule 45 of the Revised Rules of
Court, seeking to review and set aside the May 14, 2003 decision and June 1
17, 2003 resolution of the Court of Appeals in CAG.R. SP No. 54088,
2
entitled Saturnino de la Cruz vs. Civil Service Commission. In that decision,
the appellate court set aside CSC Resolution Nos. 982970 and 991451,
consequently approving Saturnino de la Cruz’ appointment as Chief of the
Aviation Safety Regulation Office.
The pertinent facts, as narrated by the Office of the Solicitor General, follow.
3
Respondent Saturnino de la Cruz is an employee of the Air Transportation Office,
DOTC, presently holding the position of Chief Aviation Safety Regulation Officer of
the Aviation Safety Division.
Respondent was promotionally appointed to the said position on November 28, 1994,
duly attested by the Civil Service Commission (CSC). But prior thereto, he was a
Check Pilot II in the Air Transportation Office (ATO).
In a letter dated February 9, 1995, Annabella A. Calamba of the Aviation Security
Division of the ATO formally filed with the Department of Transportation and
Communication (DOTC) her protest against the promotional appointment of
respondent as Chief Aviation Safety Regulation Officer, claiming among others that
respondent did not meet the fouryear supervisory requirement for said position.
On July 20, 1995, then DOTC Secretary Jesus B. Garcia rendered a decision finding
the protest without merit.
Apparently dissatisfied, Calamba appealed the decision of the DOTC Secretary to
the CSCNCR.
Under date of October 17, 1995, Director Nelson Acebedo of CSCNCR requested
ATO Executive Director Manuel Gilo to comment on the appeal and to submit to the
CSCNCR the documents pertinent thereto.
Since the CSCNCR received no action on said request for comment, the CSCNCR
again wrote Director Gilo regarding the matter on May 5, 1997. But to no avail.
On October 14, 1997, for the last time, the CSCNCR reiterated to Director Gilo its
request for comment.
On November 18, 1997, the CSCNCR rendered its decision upholding the protest of
Calamba and recalling the approval of respondent’s appointment as Chief Aviation
Safety Regulation Officer. Said the CSCNCR:
“After an initial evaluation of the protest, we find that the only issue to be resolved is
whether or not the protestee meets the minimum experience requirements as of the date of
the protestee’s appointment to the contested position. The contested position requires four
years of work experience in position/s involving management per Qualification Standards
Manual prescribed by MC No. 46, s. 1993 and/or four years of experience in planning,
organizing, directing, coordinating and supervising the enforcement of air safety laws, rules
and regulations pertaining to licensing, rating and checking of all airmen and mechanics and
regulation of the activities of flying schools per ATO Qualification Standards x x x.
x x x x x x x x x.”
Taking into account his previous positions, Mr. dela Cruz could not have exercised
managerial or supervisory functions for the required number of years. x x x.
Moreover, visàvis the experience requirements of the approved ATO Qualification
Standards, Mr. dela Cruz’ work experience prior to his appointment to the contested
position did not concur therewith.
We are of the view therefore, that experiencewise, Mr. dela Cruz did not meet the
requirements of the contested position as of the date of his appointment thereto.
x x x x x x x x x.”
Under date of December 11, 1997, ATO Director Gilo wrote the CSCNCR
asking for the suspension of the order recalling respondent’s appointment,
citing several reasons in support thereof.
On January 5, 1998, CSCNCR Director Acebedo ruled that there is no cogent
reason to disturb earlier rulings on the matter. He also denied ATO Director
Gilo’s request, for lack of merit.
Strangely, in a letter dated January 13, 1998, CSCNCR Director Acebedo
granted Director Gilo’s request and affirmed the approval of respondent’s
appointment as Chief Aviation Safety Regulation Officer. He said:
“x x x x x x x x x.
x x x x x x x x x.”
In a letter dated January 26, 1998, Calamba requested the CSC to implement
the January 5, 1998 ruling of the CSCNCR. When asked by the CSC to
clarify the conflicting rulings, CSCNCR Director Acebedo explained that the
January 5, 1998 ruling is unofficial and inexistent.
The CSC treated Calamba’s request as an appeal. On November 13, 1998, the
CSC rendered its Resolution No. 982970, the decretal portion of which reads:
x x x x x x x x x.”
On August 11, 1999, respondent filed a petition for review with the Court of
Appeals, docketed as CAG.R. SP No. 54088, seeking to nullify CSC
Resolution Nos. 982970 and 991451.
In a decision dated March 14, 2003, the Court of Appeals granted the petition
4
by setting aside CSC Resolution Nos. 982970 and 991451 and approving
respondent’s appointment as Chief of the Aviation Safety Regulation Office.
Petitioner’s motion for reconsideration was subsequently denied in a
resolution issued on June 17, 2003.
Hence, the instant petition for review.
Petitioner contends that the appellate court erred in approving respondent’s
appointment as Chief Aviation Safety Regulation Officer despite his failure to
meet the minimum fouryear managerial and supervisory qualification for the
position. It further contends that respondent’s completion of the required
experience during the pendency of the present case cannot be counted in his
favor because compliance with the prescribed mandatory requirements
should be as of the date of issuance of the appointment and not the date of
approval by the CSC or the resolution of the protest against the appointment.
The petition lacks merit.
Contrary to petitioner’s contention, respondent has sufficiently complied with
the required experience standards.
First, upon the issuance of respondent’s appointment on November 28, 1994,
the qualification standards of the DOTC for the position of Chief Aviation
Safety Regulation Officer were as follows:
As noted by the CSCNCR, the contested position required four years of work
6
experience in managerial position(s) per the Qualification Standards Manual
prescribed by MC No. 46, s. 1993 and/or four years of experience in planning,
organizing, directing, coordinating and supervising the enforcement of air
safety laws, rules and regulations pertaining to licensing, rating and checking
of all airmen and mechanics and regulation of the activities of flying schools
per the abovestated ATODOTC Qualification Standards.
word “or” is a disjunctive term signifying dissociation and independence of
one thing from another. Thus, the use of the disjunctive term “or” in this
8
controversy connotes that either the standard in the first clause or that in the
second clause may be applied in determining whether a prospective applicant
for the position under question may qualify.
March 6, Supply
1981 to Checker
July 15,
1981
July 16, Junior
1981 to Aeronautic
February al Engineer
5, 1983
February Air Carrier
6, 1983 Safety
to Inspector
February
29, 1984
March 1, Check Pilot
1984 to I
February
28, 1987
March 1, Check Pilot
1987 to II
Novembe
r 27,
1994
Novembe date Chief
r 28, Aviation
1994 to Safety
Regulation
Officer 9
These positions, spanning more than 13 years, in four of the five sections of
the Aviation Safety Division of the ATO definitely met the minimum
supervisory experience required of respondent for the position.
In Rapisora vs. Civil Service Commission, this Court held that the rule that
10
appointees must possess the prescribed mandatory requirements cannot be so
strictly interpreted as to curtail an agency’s discretionary power to appoint,
as long as the appointee possesses other qualifications required by law. The
appellate court was therefore correct in setting aside the assailed CSC
resolutions and considering the respondent’s total work experience as
sufficient to meet the supervisory standards under the second clause, thereby
finding respondent qualified for appointment to the contested position.
Second, respondent’s promotional appointment was issued in accordance with
petitioner’s selection process. Respondent passed the rigid screening of the
ATO Personnel Selection/Promotion Board as well as the oral and written
examinations of the DOTC Selection Board.
DOTC Assistant Secretary Panfilo V. Villaruel, Jr. noted that:
1.Capt. dela Cruz has been with the Air Transportation Office for more than
13 years already and during such period, he faithfully and efficiently (served
in) four of the five sections of the Aviation Safety Division of which the
position under consideration is the head, thereby gaining more varied
experience and working knowledge of the most important and sensitive
functions of the Division over other applicants;
3.He is a dedicated public servant and is always willing to respond to call of
duty even beyond office hours like when he is flying the ATO’s aircraft for
navigation aide check during holidays and weekends, aside from conducting
checkride to airmen prior to issuance of the pilot license;
transportation were taken into account when he was chosen for the subject
position. Respondent not only showed a continuing interest to improve his
expertise in the field of air transportation, he also acquired an Airline
Transport Pilot’s License in 1998. As a privileged holder of such license,
13
respondent exercised administrative supervision and control over pilots, cabin
and crew members to ensure compliance with air safety laws, rules and
regulations.
In addition, respondent’s dedication to the service was demonstrated by his
conceptualization and establishment of the Airport Crash Rescue
Organization (ACRO) procedure in various national airports in the country to
ensure the security of both airport personnel and passengers. Respondent
also organized the Air Transportation Office Operations Center which now
provides air service assistance on a 24hour basis.
Because of respondent’s commendable performance, he was designated Chief
of the Air Transportation Office Operations Center in 1993 per Office Order
No. 17893, in addition to his duties as Check Pilot II. He was also
14
designated Acting Chief, Aviation Safety Division, of the ATO per Office
Order No. 21193. 15
In Teologo vs. Civil Service Commission, the Supreme Court ruled:
16
As stated by ATO Executive Director Manuel Gilo in his letter to CSCNCR
Director Nelson Acebedo, “a proven excellent performance of a person is
better than just experience by occupying a position but lacks dedication to
duty, strong leadership and technical knowhow.” 17
It is elementary in the law of public officers that the power to appoint is in
essence discretionary on the part of the proper authority. In Salles vs.
Francisco, et al., we had occasion to rule that, in the appointment or
18
promotion of employees, the appointing authority considers not only their
civil service eligibilities but also their performance, education, work
experience, trainings and seminars attended, agency examinations and
seniority. Consequently, the appointing authority has the right of choice
which he may exercise freely according to his best judgment, deciding for
himself who is best qualified among those who have the necessary
qualifications and eligibilities. The final choice of the appointing authority
should be respected and left undisturbed. Judges should not substitute their
judgment for that of the appointing authority.
In the appointment of division chiefs, as in this case, the power to appoint
rests on the head of the department. Sufficient if not plenary discretion
should be granted to those entrusted with the responsibility of administering
the offices concerned. They are in a position to determine who can best fulfill
the functions of the office vacated. Not only is the appointing authority the
19
officer primarily responsible for the administration of the office, he is also in
the best position to determine who among the prospective appointees can
efficiently discharge the functions of the position. 20
Clearly then, there is no reason to disapprove the appointment of respondent
as Chief of the Aviation Safety Regulation Office considering that he is fully
qualified and evidently the choice of the appointing authority. Between the
Commission and the appointing authority, we sustain the latter. “Every
21
particular job in an office calls for both formal and informal qualifications.
Formal qualifications such as age, number of academic units in a certain
course, seminars attended, etc., may be valuable but so are such intangibles
as resourcefulness, team spirit, courtesy, initiative, loyalty, ambition,
prospects for the future and best interest of the service.
Given the demands of a certain job, who can do it best should be left to the
head of the office concerned provided the legal requirements for the office are
satisfied.” 22
We, however, agree with petitioner that the reckoning point in determining
the qualifications of an appointee is the date of issuance of the appointment
and not the date of its approval by the CSC or the date of resolution of the
protest against it. We need not rule on petitioner’s assertion that respondent’s
subsequent compliance with the experience standards during the pendency of
the case should not be counted in his favor since respondent was anyway
qualified for the position at the time of his appointment.
But even assuming for the sake of argument that respondent failed to meet
the experience requirement to qualify for the contested position, we are still
inclined to uphold the appellate court’s approval of respondent’s appointment.
Petitioner itself has, on several occasions, allowed the appointment of
personnel who were initially lacking in experience but subsequently obtained
the same.
In Civil Service Commission Resolution No. 970191 dated January 9, 1997, it
ruled thus:
WHEREFORE, the instant petition is hereby DENIED. The decision of the
Court of Appeals setting aside CSC Resolution No. 982970 and CSC
Resolution No. 991451 is AFFIRMED. The appointment of Saturnino de la
Cruz as Chief Aviation Safety Regulation Officer is APPROVED.
SO ORDERED.
Davide, Jr. (C.J.), Quisumbing, YnaresSantiago, Austria
Martinez, CarpioMorales, Callejo, Sr., Azcuna, Tinga and Chico
Nazario, JJ., concur.
Petition denied, judgment affirmed.
Note.—The power of appointment is essentially discretionary and cannot be
controlled, not even by the Court, as long as it is exercised properly by the
appointing authority. (Erasmo vs. Home Insurance & Guarantee
Corporation, 388 SCRA 112 [2002])