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Domingo Vs DBP Digest
Domingo Vs DBP Digest
GR NO. 93355; April 7, 1992 - Their dismissal constituted a violation of the Civil
1 Service Law against the issuance of temporary
NATURE: special civil action impugns the resolution of appointments to permanent employees, as well as of their
respondent Civil Service Commission (CSC) right to security of tenure and due process .
promulgated on April 10, 1990 in CSC Case No. 473
setting aside its earlier resolution of November 27, 1989 8. The CSC issued a the Nov. 27, 1989 resolution, re-
and affirming the separation of petitioner Luis B. appointing Mr Domingo and Ms Javier Senior
Domingo as Senior Training and Career Development Training and Career Development Officer and
Officer of the Development Bank of the Philippines Research Analyst or any such equivalent rank under
(DBP) the staffing pattern of DBP.
FACTS: CSC Premises on its resolution:
1. Petitioner was employed by DBP as Senior Training - the action of the DBP to issue temporary
and Career Development Officer on permanent appointments order to allow for the maximum flexibility in
status from February, 1979 to December 1986. evaluating the performance of incumbents is not in accord with
civil service law rules,
2. On December 3, 1986, Executive Order No 81 (The
Revised Charter of DBP) was passed authorizing - to issue a temporary appointment to one who has
the reorganization of DBP including the adoption of been on permanent status before will deprive the employee of
new staffing pattern to suit the reduced operations benefits accorded permanent employees and will adversely
envisioned (Sec 32). To implement this it is under affect his security of tenure.
Sec 33 and 34 that:
9. DBP filed a motion for reconsideration
A. Qualified personnel of the Bank may be appointed to
appropriate positions in the new staffing pattern Contentions:
thereof and those not so appointed are deemed - Temporary appointees enjoy the same salary and
separated from the service. other benefits corresponding to permanent
employees.
B. No preferential or priority rights shall be given to any - No impairment of security of tenure since the new
personnel for appointment to any position in the new DBP charter provides “qualified personnel of the bank
staffing pattern may be appointed to appropriate positions in the new
staffing pattern and those not so appointed are
C. Nor shall any officer or personnel be considered as deemed separated from the service;”
having prior or vested rights with respect to retention - petitioner was evaluated and comparatively assessed
in the Bank or in any position as may have been under a rating system approved by the respondent
created in its new staffing pattern, even if he should commission
be the incumbent of a similar position therein - no due process denied since petitioner never
appealed his rating or the extension of his temporary
D. All those who shall retire from the service or are appointment unlike those other employees who
separated therefrom on account of the reorganization appealed
of the Bank under the provisions of this Charter shall
be entitled to all gratuities and benefits provided for 10. CSC set aside its questioned resolution and affirmed
under existing laws and/or supplementary retirement the separation of the petitioners through its April 10,
plans adopted by and effective in the Bank. 1990 Resolution.