GR 92646 47; (October, 1991) (Digest)
G.R. No. 92646 -47, October 4, 1991
Augusto Toledo, petitioner, vs. Civil Service Commission and Commission on Elections, respondents.
FACTS
Petitioner Augusto Toledo was appointed as Manager of the COMELEC Education and Information Department on May 21, 1986, at the age of 57. His appointment papers were submitted to the Civil Service Commission (CSC) for attestation without prior request for exemption from CSC Memorandum Circular No. 5, s. 1983, which prohibited the appointment of persons aged 57 or above without prior CSC approval. Toledo assumed office on June 16, 1986. In 1989, COMELEC discovered the lack of prior authority and declared his appointment void ab initio via Resolution No. 2066, citing violation of the cited rule. Toledo appealed to the CSC, which, in Resolution No. 89-468, declared his appointment merely voidable and considered him a de facto officer from 1986 until the 1989 COMELEC resolution.
ISSUE
Whether the Civil Service Rules on Personnel Action and Policies (CSRPAP), specifically the rule requiring prior CSC approval for appointing persons aged 57 or above, is valid and enforceable against Toledo.
RULING
The Supreme Court granted the petition, ruling the appointment valid. The legal logic is anchored on the invalidity of the implementing rule due to non-publication. Presidential Decree No. 807 explicitly required that CSC rules and regulations “shall become effective thirty (30) days after publication in the Official Gazette or in any newspaper of general circulation.” The CSRPAP containing the age restriction was never published as admitted; thus, it did not become effective. The Court rejected the argument that the rules were a mere reiteration of existing law, noting the age prohibition itself was a creation of the CSC and not found in the statute. Consequently, the unenforced rule could not invalidate Toledo’s appointment. The Court also highlighted equitable considerations, noting Toledo was competent, entered service in good faith, and the lapse was not his fault. Therefore, COMELEC Resolution No. 2066 and CSC Resolution No. 89-468 were set aside.