GR L 23797; (October, 1967) (Digest)
G.R. No. L-23797; October 30, 1967
JUAN E. SEVILLA, petitioner, vs. LEONCIO PARINA, ADAN ROSETE, HONORABLE ABELARDO SUBIDO (Acting Commissioner of Civil Service), HONORABLE JOSE B. LINGAD (Acting Commissioner of Customs) and HONORABLE RUFINO HECHANOVA (Acting Secretary of Finance), respondents.
FACTS
Petitioner Juan E. Sevilla was a permanent Customs Examiner I in the Bureau of Customs. In 1960, an administrative charge was filed against him for grave misconduct. The Civil Service Commission found him guilty and suspended him for six months without pay, with a reprimand and warning. On appeal, the Civil Service Board of Appeals affirmed the finding of guilt but modified the penalty, ordering that “his salary is hereby reduced to that corresponding to the position next lower in rank, in lieu of the six (6) months suspension.” Subsequently, the Secretary of Finance, upon recommendation and with approvals, appointed Sevilla to the position of Clerk II (with a salary corresponding to the position next lower in rank) and promoted Leoncio Parina to Sevilla’s former position of Customs Examiner I. Sevilla then filed a quo warranto proceeding to oust Parina and secure his own reinstatement to the position of Customs Examiner I.
ISSUE
Whether the decision of the Civil Service Board of Appeals, which reduced Sevilla’s salary “to that corresponding to the position next lower in rank,” meant that he should be divested of his position as Customs Examiner I and given another position with a reduced salary, or whether it merely reduced his salary within the same position.
RULING
The Supreme Court affirmed the lower court’s decision. It ruled that the Board’s decision did not direct that Sevilla be given a different position; it only ordered the reduction of his salary to that of the position next lower in rank. A person may hold an office at a salary lower than the maximum budgetary item for that position. The Board had the power to reduce his emoluments without requiring a new appointment from the appointing authority. The Government’s theory would either impair the efficacy of the Board’s decisions or undermine the discretionary nature of the appointing power. Therefore, Sevilla is legally entitled to hold the position of Customs Examiner I, albeit at the reduced salary.