THIRD DIVISION
G.R. No. 199232, November 08, 2017
ROBERTO EMMANUEL T. FELICIANO, Petitioner, v. DEPARTMENT OF NATIONAL DEFENSE, REPRESENTED BY SEC. VOLTAIRE T. GAZMIN, Respondent.
G.R. No. 201577
HORACIO S. GONZALEZ, Petitioner, v. DEPARTMENT OF NATIONAL DEFENSE, REPRESENTED BY SEC. VOLTAIRE T. GAZMIN, Respondent.
R E S O L U T I O N
BERSAMIN, J.:
This appeal seeks to undo the termination of the petitioners' service by the Department of National Defense (DND) on the basis that they did not enjoy security of tenure for not having completed the four stages of qualification for the Career Executive Service Eligibility (CESE).
All non-career executive service officials (non-CESO) occupying career executive service (CES) positions in all agencies of the Executive Branch shall remain in office and continue to perform their duties and discharge their responsibilities until July 31, 2010 or until their resignations have been accepted and/or their respective replacements have been appointed or designated, whichever comes first.Pursuant to Memorandum Circular No. 1, DND Sec. Voltaire T. Gazmin issued Department Order No. 154 to terminate 11 officials of the DND, including Gonzalez, on account of their lack of the CSEE; and to re-designate Feliciano as Assistant Secretary for Strategic Assessment of the DND.8 Subsequently, on July 13, 2010, Feliciano received Department Order No. 163 terminating his designation and services as Assistant Secretary for Strategic Assessment.9
WHEREFORE, the illegal termination of Roberto Emmanuel T. Feliciano, former Assistant Secretary, Department of National Defense, is hereby declared NOT VALID. Accordingly, the Commission directs Department of National Defense (DND) Secretary Voltaire T. Gazmin to reinstate Feliciano to his previous position as Assistant Secretary with payment of back salaries and other benefits from the time he was illegally terminated until his actual reinstatement in the service.Similarly, through its decision of January 18, 2011,14 the CSC ruled that the termination of Gonzalez was not valid, and directed his reinstatement, viz.:
The Civil Service Commission National Capital Region is directed to monitor the strict implementation of this Decision and submit a report thereon to the Commission.
WHEREFORE, the illegal termination of Horacio S. Gonzalez, former Director III, Department of National Defense (DND), is hereby declared NOT VALID. Accordingly, the Commission directs DND Secretary Voltaire T. Gazmin to reinstate Gonzalez to his previous position as Director III with payment of back salaries and other benefits from the time he was illegally terminated until his actual reinstatement in the service.
The Civil Service Commission National Capital Region (CSC-NCR) is directed to monitor the strict implementation of this Decision and submit a report thereon to the Commission.
Section 3. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service.It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs. (Bold emphases supplied)Executive Order No 292 (The Administrative Code of 1987)19 enumerates the following powers and functions of the CSC, the ones relevant to the pending case of the petitioners being the following:
1) | Render opinion and rulings on all personnel and other Civil Service matters which shall be binding on all head of departments, offices, and agencies which may be brought to the Supreme Court on certiorari; and |
2) | Hear and decide administrative cases instituted by or brought before it directly or on appeal, including contested appointments, and review decisions and actions of its offices and agencies attached to it. Officials and employees who fail to comply with such decisions, orders or rulings shall be liable for contempt of the Commission. Its decisions, orders, or rulings shall be final and executory. Such decisions, orders or rulings may be brought to Supreme Court on certiorari by the aggrieved party within thirty (30) days from receipt of the copy thereof. (bold underscoring for emphasis) |
It is a basic principle in statutory construction that statutes must be interpreted in harmony with the Constitution and other laws. In this case, the specific powers of the CESB over members of the CES must be interpreted in a manner that takes into account the comprehensive mandate of the CSC under the Constitution and other statutes.In fine, although the CESB is expressly empowered to promulgate rules, standards and procedures on the selection, classification, compensation and career development of the members of the CES,22 the power and function to hear and decide administrative cases on all personnel and civil service matters remained to be duty and function of the CSC as the central personnel agency of the Government. The mere fact that the positions involved in these cases were CES positions does not divest the CSC of its constitutional power to hear and decide the cases.
The present case involves the classification of positions belonging to the CES and the qualifications for these posts. These are matters clearly within the scope of the powers granted to the CESB under the Administrative Code and the Integrated Reorganization Plan. However, this fact alone does not push the matter beyond the reach of the CSC.
As previously discussed, the CSC, as the central personnel agency of the government, is given the comprehensive mandate to administer the civil service under Article IX-B, Section 3 of the 1987 Constitution; and Section 12, Items (4), (5), and (14) of the Administrative Code. It has also been expressly granted the power to promulgate policies, standards, and guidelines for the civil service; and to render opinions and rulings on all personnel and other civil service matters.
xxx xxx xxx
It must likewise be emphasized that the CSC has been granted the authority to review the decisions of agencies attached to it under Section 12 (11), Chapter 3, Subtitle A, Title I, Book V of the Administrative Code:SECTION 12. Powers and Functions. - The Commission shall have the following powers and functions:Since the CESB is an attached agency of the CSC, the former's decisions are expressly subject to the CSC's review on appeal.
xxx xxx xxx
(11) Hear and decide administrative cases instituted by or brought before it directly or on appeal, including contested appointments, and review decisions and actions of its offices and of the agencies attached to it. Officials and employees who fail to comply with such decisions, orders, or rulings shall be liable for contempt of the Commission. Its decisions, orders, or rulings shall be final and executory. Such decisions, orders, or rulings may be brought to the Supreme Court on certiorari by the aggrieved party within thirty (30) days from receipt of a copy thereof;
x x x An appointment is permanent where the appointee meets all the requirements for the position to which he is being appointed, including the appropriate eligibility prescribed, and it is temporary where the appointee meets all the requirements for the position except only the appropriate civil service eligibility.Clearly, the petitioners' termination from their respective positions at the DND was effective and valid.
x x x x
x x x verily, it is clear that the possession of the required CES eligibility is that which will make an appointment in the career executive service a permanent one....
Indeed, the law permits, on many occasions, the appointment of non-CES eligibles to CES positions in the government in the absence of appropriate eligibles and when there is necessity in the interest of public service to fill vacancies in the government. But in all such cases, the appointment is at best merely temporary as it is said to be conditioned on the subsequent obtention of the required CES eligibility x x x
| Very truly yours, |
WILFREDO V. LAPITAN | |
Division Clerk of Court | |
By: | |
(SGD) | |
MISAEL DOMINGO C. BATTUNG III | |
Deputy Division Clerk of Court |
Endnotes:
1Rollo (G.R. No. 199232), pp. 8-27; penned by Associate Justice Socorro B. Inting, with Associate Justice Magdangal M. De Leon and Associate Justice Mario V. Lopez concurring.
2Rollo (G.R. No. 201577), pp. 28-42; penned by Associate Justice Edwin D. Sorongon, with Associate Justice Ramon M. Bato, Jr. and Associate Justice Romeo F. Barza concurring.
3Rollo (G.R. No. 199232), p. 37.
4Rollo (G.R. No. 201577), p. 120, Memorandum Circular No. 1 entitled "DECLARING ALL CO-TERMINOUS THIRD LEVEL POSITIONS VACANT AS OF JUNE 30, 2010; DIRECTING ALL NON-CAREER EXECUTIVE SERVICE OFFICIALS (NON-CESO) OCCUPYING CAREER EXECUTIVE SERVICE (CES) POSITIONS TO CONTINUE TO PERFORM THEIR DUTIES AND RESPONSIBILITIES; AND EXTENDING THE SERVICES OF CERTAIN CONTRACTUAL AND/OR CASUAL EMPLOYEES WHOSE CONTRACTS EXPIRE ON JUNE 30, 2010," dated June 30, 2010.
5Rollo (G.R. No. 201577), pp. 124 and 130.
6Rollo (G.R. No. 201577), pp. 29-30; (G.R. No. 199232), pp. 9-10.
7Rollo (G.R. No. 201577), pp. 120-121.
8 Id. at 143.
9 Rollo (G.R. No. 199232), p. 10.
10Rollo (G.R. No. 201577), pp. 31-32; (G.R. No. 199232), pp. 10-11.
11Rollo (G.R. No. 201577), p. 122.
12Rollo (G.R. No. 201577), p. 29; rollo (G.R. No. 199232), p. 9.
13Rollo (G.R. No. 199232), pp. 103-110.
14Rollo (G.R. No. 201577), pp. 48-54.
15Rollo (G.R. No. 199232), pp. 16-19; (G.R. No. 201577), pp. 39-40.
16 Entitled Reorganizing the Executive Branch of the National Government dated September 24, 1972.
17Rollo(G.R. No. 199232), pp. 23-25.
18Rollo (G.R. No. 201577), pp. 32-33.
19 Book V, Title I, Subtitle A, Chapter 3, Sec. 12, Par. 5 and II (effective July 25, 1987).
20Career Executive Service Board v. Civil Service Commission, G.R. No. 197762, March 7, 2017.
21 Id.
22 Article IV, Part III, Presidential Decree No. 1, Adopting the Integrated Reorganization Plan (September 24, 1972).
23 Section 7(3), Article IV, Presidential Decree No. 807 (Civil Service Decree of the Philippines), as amended by Executive Order No. 292 (Administrative Code of 1987) dated July 25, 1987, which states thus:
SECTION 7. Career Service. - The Career Service shall be characterized by (1) entrance based on merit and fitness to be determined as far as practicable by competitive examination, or based on highly technical qualifications; (2) opportunity for advancement to higher career positions; and (3) security of tenure.
The Career Service shall include:
(1) xxx xxx xxx
(2) xxx xxx xxx
(3) Positions in the Career Executive Service; namely, Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service and other officers of equivalent rank as may be identified by the Career Executive Service Board, all of whom are appointed by the President;
(4) xxx xxx xxx; (bold emphasis supplied)
24 Dated February 10, 2009.
25 Dated August 17, 2009.
26 G.R. Nos. 143366 & 143524, January 27, 2001, 350 SCRA 528.
27 Id. at 533.
28Ong v. Office of the President, G.R. No. 184219, January 30, 2012, 664 SCRA 413, 418.
29 G.R. No. 170093, Apri1 29, 2009, 587 SCRA 160, 167-169.