G.R. No. 110276 July 29, 1994
ORLANDO G. UMOSO, petitioner, vs. HON. CIVIL SERVICE COMMISSION and SEVERINO G. CARONAN, respondents.

FACTS

Petitioner Orlando G. Umoso, a Senior Civil Engineer, was promoted to the position of Supervising Civil Engineer I in the Cagayan South Engineering District of the DPWH by the Regional Director. Private respondent Severino G. Caronan, also a Senior Civil Engineer in the Design and Planning section of the same district, protested the appointment, claiming he was entitled to preferential consideration as the next-in-rank employee in the section where the contested position belonged. The DPWH complaints committee recommended upholding Caronan’s protest, a recommendation approved by the DPWH Secretary. Petitioner’s motion for reconsideration was denied. Petitioner appealed to the Merit System Protection Board (MSPB), which dismissed his appeal after a comparative study of qualifications, noting Caronan had nine years of direct experience in the relevant section and was the choice of the DPWH Secretary. The MSPB also held that the Secretary has administrative supervision and control, including the power to review appointments made by the Regional Director. Petitioner appealed to the Civil Service Commission (CSC), raising the sole issue of whether the DPWH Secretary has the authority to set aside an appointment made by the Regional Director. The CSC ruled that the Secretary has the ultimate power to appoint, which can be delegated to Regional Directors, but such delegated actions are subject to the Secretary’s review and reversal. The CSC affirmed the appointment of Caronan, who met the qualification requirements. Petitioner then filed this petition for certiorari, alleging grave abuse of discretion.

ISSUE

Whether the DPWH Secretary has the authority to review and set aside an appointment to a second-level position made by the Regional Director, and whether the Civil Service Commission committed grave abuse of discretion in upholding the Secretary’s choice of appointee.

RULING

The petition is without merit. The Supreme Court dismissed the petition and affirmed the CSC resolution. The Court ruled that: (1) The “next-in-rank” status does not grant a vested right to promotion nor impose a ministerial duty on the appointing authority to appoint the holder; it only accords preferential consideration. (2) The appointing power is vested in the Department Head/Secretary. This power may be delegated to the Regional Director, but such delegated actions are subject to the approval, revision, modification, and reversal of the Department Secretary. The Secretary’s adoption of a choice constitutes the authoritative determination. (3) Both petitioner and private respondent met the minimum qualification requirements for the position (Bachelor’s degree in Civil Engineering, one year of responsible experience, and R.A. 1080 eligibility). Since Caronan was the choice of the Department Secretary, the Civil Service Commission correctly attested to his appointment. The Commission’s role is limited to approving or disapproving an appointment based on whether the appointee possesses the required eligibility and qualifications; it has no authority to revoke an appointment on the ground that another person is more qualified. No grave abuse of discretion was committed.