GR 181367; (April, 2012) (Digest)
G.R. No. 181367; April 24, 2012
LA CARLOTA CITY, NEGROS OCCIDENTAL, represented by its Mayor, HON. JEFFREY P. FERRER, and the SANGGUNIANG PANLUNGSOD OF LA CARLOTA CITY, NEGROS OCCIDENTAL, represented by its Vice-Mayor, HON. DEMIE JOHN C. HONRADO, Petitioners, vs. ATTY. REX G. ROJO, Respondent.
FACTS
On March 18, 2004, then Vice-Mayor Rex R. Jalandoon appointed Atty. Rex G. Rojo, who had just resigned as a city councilor, as Sangguniang Panlungsod Secretary under a permanent status. The Civil Service Commission Field Office (CSCFO) initially found infirmities in the appointment documents, such as missing signatures, and subsequently considered the appointment withdrawn due to non-compliance. Jalandoon appealed this action to the CSC Regional Office.
Before the CSC Regional Office could resolve the appeal, the newly elected Mayor Jeffrey P. Ferrer and Vice-Mayor Demie John C. Honrado intervened. They argued Jalandoon lacked legal personality to appeal, that the appointment was made within the election ban period, and that Rojo’s resignation from the council was invalid for lack of quorum. The CSC Regional Office approved Rojo’s appointment, finding the requirements substantially complied with and the resignation valid. The Civil Service Commission and the Court of Appeals affirmed this ruling.
ISSUE
The primary issue is whether the appointment of Atty. Rex G. Rojo as Sangguniang Panlungsod Secretary is valid.
RULING
The Supreme Court DENIED the petition and AFFIRMED the Court of Appeals’ decision, upholding the validity of Rojo’s appointment. The Court clarified that the CSC’s role in the attestation of appointments is limited to ascertaining whether the appointee possesses the required eligibility and qualifications. Rojo, being a lawyer, indisputably met and exceeded the statutory qualifications for the position. The technical deficiencies cited by the CSCFO, such as unsigned certifications, were deemed cured by substantial compliance, as the required publication, Personnel Selection Board deliberation, and fund availability were properly established.
On procedural matters, the Court ruled that the then Vice-Mayor Jalandoon, as the appointing authority, was the proper party to appeal the initial disapproval, as it affected his discretionary power. The intervention by the new city officials was improper. Regarding the substantive challenges, the Court found the appointment was made outside the election ban period (March 26 to May 9, 2004). Furthermore, Rojo’s resignation as councilor was valid. A councilor’s resignation is a personal act not requiring legislative action or a specific quorum under the Local Government Code; it becomes effective upon its submission and acceptance by the presiding officer. Thus, all legal impediments were removed, and the permanent appointment was correctly upheld.