G.R. No. 163443 & G.R. No. 163568, November 11, 2008
LIZA M. QUIROG and RENE L. RELAMPAGOS, petitioners, vs. GOVERNOR ERICO B. AUMENTADO, respondent. ( G.R. No. 163443 )

CIVIL SERVICE COMMISSION, petitioner, vs. COURT OF APPEALS and GOV. ERICO B. AUMENTADO, respondents. (G.R. No. 163568)

FACTS

On May 28, 2001, Bohol Provincial Governor Rene L. Relampagos permanently appointed Liza M. Quirog as Provincial Government Department Head of the Office of the Bohol Provincial Agriculture. The appointment was confirmed by the Sangguniang Panlalawigan on June 1, 2001, and Quirog took her oath on the same date. The Personnel Selection Board (PSB) had certified Quirog as qualified on May 24, 2001. The Civil Service Commission Regional Office No. VII (CSCROVII), in an Order dated June 28, 2001, invalidated Quirog’s appointment, finding it part of bulk appointments issued after the May 14, 2001 elections in violation of CSC Resolution No. 010988. Both Relampagos and Quirog moved for reconsideration, arguing the appointment was not a midnight appointment, was made before the CSC resolution took effect, and that Quirog had already assumed office. The CSCROVII denied their motion, citing lack of legal personality under CSC rules, as only the appointing authority could appeal, and Relampagos’ term had expired. They appealed to the Civil Service Commission (CSC), which granted their appeal via Resolution No. 011812, setting aside the CSCROVII’s orders and enjoining approval of Quirog’s appointment, finding the appointment not a midnight appointment and relaxing the PSB screening requirement. Incumbent Governor Erico B. Aumentado filed a motion for reconsideration, which the CSC denied. Aumentado then filed a petition for review with the Court of Appeals (CA). The CA granted Aumentado’s petition, reversing the CSC resolutions and reinstating the CSCROVII’s disapproval, ruling that Quirog and Relampagos lacked legal personality to appeal. Their motion for reconsideration was denied. Separate petitions for review were filed by Quirog and Relampagos ( G.R. No. 163443 ) and the CSC (G.R. No. 163568), which were consolidated.

ISSUE

1. Whether or not petitioners Relampagos and Quirog have the legal standing to file a motion for reconsideration of, or appeal from, the disapproval of the latter’s appointment by the Civil Service Commission.
2. Whether or not Quirog’s appointment violated Item 3 of CSC Resolution No. 010988 dated June 4, 2001.
3. Whether or not the subject appointment was a midnight appointment.

RULING

1. Yes, both the appointing authority and the appointee have legal standing. The Supreme Court ruled that both are real parties in interest. The appointing authority’s discretion is challenged by the disapproval, and the appointee is injured by being prevented from assuming office. The word “may” in the relevant CSC rule (Section 2, Rule VI of CSC MC No. 40, s. 1998) does not vest the right exclusively in the appointing authority. The Court, citing Abella, Jr. v. Civil Service Commission, held that the appointee is also a real party in interest who can appeal.
2. No, the appointment did not violate CSC Resolution No. 010988. The Court found that the CSC correctly relaxed the application of Item 3(a) of the resolution, which required PSB screening before the election ban. The spirit, rather than the letter, of the rule should prevail as the case did not involve a proscribed midnight appointment. The PSB deliberation on May 24, 2001, though after the election ban, was sufficient.
3. No, the appointment was not a midnight appointment. The Court, applying the doctrine in Aytona v. Castillo, held that a midnight appointment is one issued by an outgoing official after the election of his successor, made in bulk, and intended to subvert the policies of the incoming administration. The appointment of Quirog on May 28, 2001, was made days before Relampagos’ term expired on June 30, 2001, and was not hurriedly issued in bulk to subvert the new administration. Governor Aumentado’s subsequent expression of trust and confidence in Quirog negated any such intent. The constitutional ban on midnight appointments applies only to the President, not to local officials.
The Supreme Court granted the petitions, reversed the Court of Appeals Decision and Resolution, and reinstated CSC Resolution Nos. 011812 and 020271, which had approved Quirog’s appointment.