GR 105112; (October, 1993) (Digest)
G.R. No. 105112 October 13, 1993
LEAH Y. APURILLO, petitioner, vs. CIVIL SERVICE COMMISSION and VIRGINIA L. TALDE, respondents.
FACTS
On July 1, 1990, Engr. Isidro Mariano, as Officer-in-Charge (OIC) of Region VIII, Department of Public Works and Highways (DPWH), appointed petitioner Leah Y. Apurillo to the position of Administrative Officer III. Private respondent Virginia L. Talde filed a letter-protest. The DPWH Complaints Committee recommended upholding the protest and reverting Apurillo to her former position of Public Relations Officer, which recommendation was approved by DPWH Secretary Fiorello R. Estuar. Apurillo’s motion for reconsideration was denied. She appealed to the Merit Systems Protection Board (MSPB), which dismissed the appeal. She then appealed to the Civil Service Commission (CSC). On April 10, 1992, CSC issued Resolution No. 92-555 dismissing the appeal, ruling that Talde was fully qualified, that the OIC Regional Director had no power to appoint without the Secretary’s authority, and that the Secretary had the power to nullify the appointment. Apurillo filed the present petition.
ISSUE
Whether the Civil Service Commission committed grave abuse of discretion, amounting to excess or lack of jurisdiction, in issuing its resolution affirming the nullification of Apurillo’s promotional appointment.
RULING
The Supreme Court dismissed the petition, finding no grave abuse of discretion. The Court held that under the Administrative Code of 1987, the Department Secretary has the power to appoint employees to second level positions in regional offices, not the OIC Regional Director. The Secretary’s power of supervision and control includes the power to review, modify, alter, or reverse any action of the Regional Director. The DPWH Secretary treated the OIC’s appointment as a recommendatory indorsement and, upon protest, conducted a meticulous review of the qualifications of both parties, who were next-in-rank employees. The Committee found Talde, being in the Administrative Division where the contested position belonged, had a better claim under CSC rules. The Court also found Apurillo’s appointment irregular and inefficacious as it was not issued or approved by the DPWH Secretary, thus she could not claim security of tenure. The appointing authority’s discretionary power was exercised without grave abuse.