188 CSC v.

TINAYA reported the matter to the CSC and requested a physical audit of the
G.R. No. 154898 | Feb. 16, 2005 | Sandoval-Gutierrez, J. municipal employees’ 201 files.

Tinaya was issued a permanent appointment as Municipal Assessor by Mayor  The CSC conducted an Audit and found that Tinaya’s appointment as
Justimbaste. This was modified by the CSC by making the appointment temporary municipal assessor on December 1, 1994 was issued in violation of the law
due to Tinaya’s non-submission of his prior service record. Days later, Tinaya on nepotism and therefore, should be recalled
married Mayor Justimbaste’s daughter. After the expiration of the appointment,
Acting Mayor Luban extended a permanent appointment to Tinaya. This was o Thus, the CSC Regional Office issued an Order recalling Tinaya’s
initially disapproved by the CSC, but was approved later upon appeal of Mayor appointment. This was affirmed by the CSC Central Office
Justimbaste. When Justimbaste was replaced by Mayor Balderian, Tinaya
requested for his service record. However, the release of such file was delayed.
This prompted Tinaya to request for an audit of the employees’ file before the CSC.  The CA reversed the CSC’s decision, ruling that: the original appointment
The audit was conducted and the CSC found that Tinaya’s appointment should be on November 16, 1993 was permanent in nature. Thus, the “reappointment”
recalled since it was issued in violation of the law on nepotism. The SC found that on December 1, 1994 was a mere superfluity. Tinaya could not be held guilty
the Order of the CSC was valid. of nepotism as he was not yet married to the Mayor’s daughter when he was
first appointed. Thus, this petition by the CSC.
While the appointing authority has the discretion to choose whom to appoint, the
choice is subject to the caveat that the appointee possesses the required ISSUE/RATIO:
qualifications. To make it fully effective, an appointment to a civil service position
must comply with all legal requirements. Thus, the law requires the appointment W/N THE NOVEMBER 16, 1993 APPOINTMENT IS PERMANENT – NO
to be submitted to the CSC, which will ascertain, in the main, whether the  Lazo vs. Civil Service Commission : under the Constitution, the Civil
proposed appointee is qualified to hold the position and whether the rules Service Commission is the central personnel agency of the
pertinent to the process of appointment were observed. CSC also has the power to government charged with the duty of determining questions of
recall an appointment in violation of the Civil Service Law, rules, and regulations. qualifications of merit and fitness of those appointed to the civil
service. It has the power to:
o Sec. 9(h) of the Civil Service Law: Approve all appointments,
whether original or promotional, to positions in the civil
FACTS:
service, except those of presidential appointees, members of
the Armed Forces of the Philippines, police forces, firemen,
 November 16, 1993: Pastor Tinaya was issued a permanent appointment as and jailguards, and disapprove those where the appointees
municipal assessor of the Municipality of Tabontabon, Leyte by the do not possess the appropriate eligibility or required
Municipal Mayor Priscilla Justimbaste qualifications xxx
 December 1, 1993: CSC approved the appointment but only as temporary  While the appointing authority has the discretion to choose whom to
(Dec 1, 1993 to Nov 30, 1994) appoint, the choice is subject to the caveat that the appointee
o It was made temporary because of Tinaya’s non-submission of his possesses the required qualifications. To make it fully effective, an
service record with respect to his 3 year work related experience appointment to a civil service position must comply with all legal
 December 16, 1993: Tinaya married the daughter of Municipal Mayor requirements. Thus, the law requires the appointment to be
Justimbaste submitted to the CSC, which will ascertain, in the main, whether the
 December 1, 1994: Acting Mayor Luban appointed Tinaya permanently as proposed appointee is qualified to hold the position and whether the
the Municipal assessor rules pertinent to the process of appointment were observed
o Vice Mayor Luban was acting as Mayor because Mayor Justimbaste o The appointing officer and the CSC acting together, though
was on leave not concurrently but consecutively, make an appointment
 Although initially disapproved, the CSC approved the appointment upon complete. CSC determines whether the appointee possesses
appeal of Mayor Justimbaste the appropriate civil service eligibility or the required
qualifications. If the appointee is qualified, the appointment
must be approved; if not, it should be disapproved.
 June 4, 1999: Tinaya requested the municipality’s HR office to issue his
 In the case at bar, Tinaya’s original permanent appointment as
service record, however this was not immediately acted upon. Thus, Tinaya
municipal assessor was approved as temporary by CSC pending his
submission of the required service record of his 3-year work experience
 in real property assessment or in any related field prior to his
appointment as required by the CSC Revised Qualification Standards. It
was only on Dec. 1, 1994 (after temporary appointment expired), that he
was able to submit the required paper. Upon submission, his new
appointment was made permanent.
 Tinaya does not dispute such lack of proof of his work related
experience when he was extended his original appointment. He did not
raise any objection to the approval of it as temporary. CSC merely
complied with the Constitutional and statutory mandate to determine
w/n Tinaya was qualified. Due to his failure to submit the required
service record, CSC did not err in approving the original appointment
as temporary.

W/N THE RESPONDENT WAS GUILTY OF NEPTISM – YES


CSC has the power to recall an appointment in violation of the Civil
Service Law, rules, and regulations. Sec. 20, Rule VI of the IRR of
Book V (Civil Service) of the Admin Code of 1987 provides that
notwithstanding the initial approval of an appointment, the same
may be recalled on the ground of violation of other existing civil
service law, rules and regulations.
 In the case at bar, on Dec. 1, 1994, Acting Mayor Luban extended to
Tinaya (already the son-in-law of Justimbaste) a permanent
appointment. This was initially disapproved, but Tinaya’s mother-in-
law, Mayor Justimbaste, appealed. Being the incumbent mayor, she was
the chief of Tinaya and deemed to have recommended him to Vice
Mayor Luban to be appointed as municipal assessor. This violated Sec
59 of the Civil Service Law1
o The word “relative” and members of the family referred to are
those related within the third degree either of consanguinity or
of affinity.
DISPOSITIVE: Petition is granted.

1
SEC. 59. Nepotism: All appointments in the national, provincial, city and municipal
governments or in any branch or instrumentality thereof, including government-owned or
controlled corporations, made in favor of a relative of the appointing or recommending authority,
or of the chief of the bureau or office, or of the persons exercising immediate supervision over
him, are hereby prohibited.