G.R. No. 181760 October 14, 2014
ATTY. ANACLETO B. BUENA, JR., MNSA, in his capacity as Regional Director of Regional Office No. XVI, Civil Service Commission, Autonomous Region in Muslim Mindanao, Cotabato City, Petitioner, vs. DR. SANGCAD D. BENITO, Respondent.

FACTS

On June 20, 2005, Dr. Sangcad D. Benito was appointed by the Regional Governor of the Autonomous Region in Muslim Mindanao (ARMM) as Assistant Schools Division Superintendent of the Department of Education, Division of Lanao del Sur-I, in a permanent capacity. The Civil Service Commission (CSC) Regional Office for ARMM, through Regional Director Anacleto B. Buena, Jr., refused to attest to the appointment on the ground that Dr. Benito did not possess the required Career Executive Service (CES) eligibility. Dr. Benito filed a petition for mandamus with the Regional Trial Court (RTC) to compel attestation, arguing that the position does not belong to the Career Executive Service and thus does not require CES eligibility. The RTC granted the petition, ruling that only “director positions” in ARMM require CES eligibility per CSC Resolution No. 021011, and the Assistant Schools Division Superintendent had not been declared a director position. The CSC Regional Office appealed to the Court of Appeals (CA), which dismissed the appeal for failure to file the required memorandum within the reglementary period. The CSC Regional Office, through the Office of the Solicitor General, filed a petition for review on certiorari with the Supreme Court.

ISSUE

1. Whether the Court of Appeals erred in dismissing the appeal for failure to file the required memorandum.
2. Whether Dr. Benito correctly availed himself of a petition for mandamus against the CSC’s refusal to attest to his appointment.
3. Whether the position of Assistant Schools Division Superintendent requires Career Executive Service eligibility.

RULING

1. On the dismissal of the appeal: The Supreme Court ruled that the Court of Appeals did not err. The failure of the CSC Regional Office’s counsel to file the memorandum within the reglementary period constituted inexcusable negligence. The negligence of counsel binds the client. The rules on the period for filing memoranda in appeals are mandatory and jurisdictional. The CA correctly dismissed the appeal for abandonment pursuant to the Rules of Civil Procedure.
2. On the propriety of mandamus: The Supreme Court ruled that Dr. Benito correctly availed himself of mandamus. The rule on exhaustion of administrative remedies admits of exceptions, such as when the issue raised is a purely legal question. The core issue—whether the position requires CES eligibility—is a legal question involving the interpretation of laws and CSC resolutions. Furthermore, mandamus lies to compel the performance of a ministerial duty. The act of attesting to an appointment becomes ministerial once the appointee is found to possess all the required qualifications. Since the RTC correctly held that CES eligibility was not required, the CSC’s duty to attest became ministerial.
3. On the requirement of CES eligibility: The Supreme Court ruled that the position of Assistant Schools Division Superintendent in the ARMM does not require Career Executive Service eligibility. The Regional Governor of ARMM has the power to appoint officers in the region’s civil service under Republic Act No. 9054. However, in the absence of a regional law providing for the qualifications for the position at the time of appointment, the appointee must satisfy the civil service eligibilities required for the position in the national government to be appointed in a permanent capacity. The applicable rule is CSC Resolution No. 021011, which states that only positions in the ARMM with the word “Director” in their titles require CES eligibility. The position of “Assistant Schools Division Superintendent” does not contain the word “Director.” Furthermore, subsequent developments, including the enactment of the ARMM Basic Education Act of 2010 (Muslim Mindanao Autonomy Act No. 279), which prescribes the qualifications for education officials in ARMM and does not include CES eligibility for Assistant Schools Division Superintendents, bolster this conclusion. Therefore, Dr. Benito’s permanent appointment was valid.