G.R. No. L-107330 December 17, 1993
EDGAR N. RAPISORA, petitioner, vs. CIVIL SERVICE COMMISSION, respondent.

FACTS

Petitioner Edgar N. Rapisora was the Chief of Hospital of Kalamansig District Hospital in Sultan Kudarat. He applied for the vacant position of Provincial Health Officer I, Integrated Provincial Health Office, Benguet. After being screened by a Department of Health (DOH) committee, then Secretary of Health Alfredo R.A. Bengzon designated him as officer-in-charge on November 5, 1991, and subsequently extended him a permanent appointment by transfer with promotion on December 24, 1991. Petitioner assumed the duties on January 2, 1992, after the Local Government Code of 1992 took effect on January 1, 1992. The Civil Service Commission (CSC) Field Officer, Director E. Tadle-Herrera, initially approved the appointment as temporary, pending guidelines on the appointing authority under the new Code. The Secretary of Health sought and obtained the concurrence of the Benguet Governor. Petitioner appealed to the CSC for reconsideration to make his appointment permanent. The CSC, through Resolution Nos. 92-699 and 92-1214, disapproved the permanent appointment entirely. The CSC based its disapproval on two grounds: first, petitioner lacked the specific educational requirement of a Certificate/Master in Public Health/Hospital Administration per DOH qualification standards at the time of appointment; and second, under the newly effective Local Government Code, the Provincial Health Officer I should be appointed by the local chief executive with Sanggunian concurrence.

ISSUE

Whether or not the respondent Civil Service Commission committed grave abuse of discretion in disapproving petitioner’s permanent appointment as Provincial Health Officer I of Benguet Province.

RULING

Yes, the Civil Service Commission committed grave abuse of discretion. The Supreme Court granted the petition and set aside the CSC resolutions. The Court held that the appointing authority (the Secretary of Health) possesses the discretionary power to appoint, provided the appointee possesses the minimum qualifications required by law. The Court recognized that education, experience, and training may be used interchangeably to offset deficiencies, except for the required eligibility, as per CSC Memorandum Circular No. 23, series of 1991. The decision on when such interchange is necessary rests on the sound discretion of the appointing authority, who is in the best position to determine the needs of the agency. In this case, the Secretary of Health determined that petitioner’s extensive training and experience in hospital administration (including serving as Chief of Hospital and officer-in-charge of hospitals abroad, and attending numerous relevant seminars) offset his lack of the specific master’s degree. The Court also noted that the CSC had previously approved a similar appointment (of Dr. Emilio B. Cadayona) despite the same educational deficiency, highlighting an inconsistency. The Court ordered the CSC to approve petitioner’s permanent appointment.