GR 92299; (April, 1991) (Digest)
G.R. No. 92299 . April 19, 1991. REYNALDO R. SAN JUAN, petitioner, vs. CIVIL SERVICE COMMISSION, DEPARTMENT OF BUDGET AND MANAGEMENT and CECILIA ALMAJOSE, respondents.
FACTS
The position of Provincial Budget Officer (PBO) of Rizal became vacant. Petitioner Governor Reynaldo San Juan recommended Dalisay Santos for the post. The Department of Budget and Management (DBM) Regional Director, however, conducted a comparative study and instead recommended private respondent Cecilia Almajose, a Certified Public Accountant, as the most qualified. The DBM Undersecretary subsequently appointed Almajose.
Governor San Juan protested the appointment, arguing it violated Executive Order No. 112, which states that the PBO shall be appointed by the DBM Secretary “upon recommendation of the local chief executive concerned.” He contended his sole prerogative to recommend was disregarded, as his nominee was rejected and an outsider was appointed. The Civil Service Commission upheld Almajose’s appointment, leading to this petition.
ISSUE
Whether the DBM Secretary can appoint a Provincial Budget Officer who was not recommended by the Provincial Governor.
RULING
No. The Supreme Court granted the petition and nullified the appointment. The Court emphasized that Executive Order No. 112 establishes a shared power in the appointment process. While the DBM Secretary is the appointing authority, the recommendation of the local chief executive is a mandatory prerequisite.
The legal logic is that local autonomy necessitates a genuine interplay between national and local governments. The Governor’s power to recommend is not merely ceremonial; it is a substantive part of the selection process designed to ensure the appointee is acceptable to and can effectively work with the local government. The DBM cannot unilaterally reject the Governor’s nominee and appoint its own choice. The proper procedure, if the initial nominees are unqualified, is for the DBM to inform the Governor so that new recommendations can be submitted. The DBM’s act of appointing Almajose without giving the Governor an opportunity to propose other qualified candidates after the initial rejection constituted a grave abuse of discretion, completely disregarding the local executive’s role. The Court ordered the DBM to appoint the PBO from among qualified nominees submitted by the Provincial Governor.