G.R. No. 144895 . December 13, 2005.
RUSTICO C. NAZI, Petitioner, vs. GOV. ANTONIO P. CALINGIN, Respondent.

FACTS

Petitioner Rustico C. Nazi was appointed Provincial Jail Warden of Misamis Oriental on March 1, 1998, with the appointment approved as permanent, subject to verification of his Police Inspector eligibility from the NAPOLCOM. Following the election of respondent Governor Antonio Calingin, a petition was filed to cancel Nazi’s appointment. The Civil Service Commission Regional Office (CSCRO) initially disapproved the appointment, ruling that the NAPOLCOM Police Inspector eligibility did not constitute an appropriate civil service eligibility under CSC Resolution No. 96-5487. The CSCRO later reversed itself, declaring Nazi eligible. Governor Calingin appealed to the Civil Service Commission (CSC), which reversed the CSCRO and recalled the approval of Nazi’s appointment.
Nazi appealed the CSC resolution to the Court of Appeals, but his petition was dismissed for failure to submit certified true copies of the assailed resolution and supporting papers, as required by the Rules of Court. The Court of Appeals denied his motion for reconsideration, prompting this petition to the Supreme Court.

ISSUE

Whether the Supreme Court should reverse the Court of Appeals’ dismissal of Nazi’s petition and ultimately rule on the validity of his appointment based on his NAPOLCOM eligibility.

RULING

The Supreme Court denied the petition. The ruling is grounded on two key points. First, on procedural grounds, petitioner failed to demonstrate any reversible error committed by the Court of Appeals in its dismissal. He admitted the lapse in diligence by his counsel’s staff in not submitting the required certified copies, a procedural defect that warranted the dismissal of his appeal. The Court emphasized adherence to procedural rules for the orderly administration of justice.
Second, on the substantive merit of his claim, the Court found his appointment was correctly invalidated. His reliance on his NAPOLCOM Police Inspector eligibility was misplaced. CSC Resolution No. 96-5487 had repealed the prior circular recognizing such NAPOLCOM examinations as equivalent to civil service eligibilities for second-level positions. While petitioner cited subsequent resolutions extending recognition, the Court noted these were limited to specific periods and purposes, such as promotional appointments, which did not apply to his original appointment. His permanent appointment was explicitly conditioned on the verification of his eligibility, a condition he failed to meet. Therefore, he did not possess the required eligibility for the position and acquired no security of tenure.