Scribd Logo
Upload

Welcome to Scribd!

  • 216 views

    San Juan V CSC

    Uploaded by

    Eduard Doron Flores
    - The position of Provincial Budget Officer for Rizal province became vacant and the petitioner requested the appointment of Dalisay Santos who had been acting in the role. However, the DBM appointed Cecilia Almajose based on the recommendation of the DBM regional director. - The petitioner protested, arguing that only the provincial governor has the power to recommend nominees according to EO 112 and local autonomy laws. However, the CSC and DBM rejected this claim. - The Supreme Court ruled in favor of the petitioner, finding that the DBM appointment overruled the provincial governor's recommending authority which violates the constitution's strong provisions for local autonomy. The court annulled Almajose's appointment

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd

    San Juan V CSC

    Uploaded by

    Eduard Doron Flores
    216 views2 pages
    - The position of Provincial Budget Officer for Rizal province became vacant and the petitioner requested the appointment of Dalisay Santos who had been acting in the role. However, the DBM appointed Cecilia Almajose based on the recommendation of the DBM regional director. - The petitioner protested, arguing that only the provincial governor has the power to recommend nominees according to EO 112 and local autonomy laws. However, the CSC and DBM rejected this claim. - The Supreme Court ruled in favor of the petitioner, finding that the DBM appointment overruled the provincial governor's recommending authority which violates the constitution's strong provisions for local autonomy. The court annulled Almajose's appointment

    Original Description:

    Original Title

    San Juan v CSC

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    - The position of Provincial Budget Officer for Rizal province became vacant and the petitioner requested the appointment of Dalisay Santos who had been acting in the role. However, the DBM appointed Cecilia Almajose based on the recommendation of the DBM regional director. - The petitioner protested, arguing that only the provincial governor has the power to recommend nominees according to EO 112 and local autonomy laws. However, the CSC and DBM rejected this claim. - The Supreme Court ruled in favor of the petitioner, finding that the DBM appointment overruled the provincial governor's recommending authority which violates the constitution's strong provisions for local autonomy. The court annulled Almajose's appointment

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    216 views2 pages

    San Juan V CSC

    Uploaded by

    Eduard Doron Flores
    - The position of Provincial Budget Officer for Rizal province became vacant and the petitioner requested the appointment of Dalisay Santos who had been acting in the role. However, the DBM appointed Cecilia Almajose based on the recommendation of the DBM regional director. - The petitioner protested, arguing that only the provincial governor has the power to recommend nominees according to EO 112 and local autonomy laws. However, the CSC and DBM rejected this claim. - The Supreme Court ruled in favor of the petitioner, finding that the DBM appointment overruled the provincial governor's recommending authority which violates the constitution's strong provisions for local autonomy. The court annulled Almajose's appointment

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    REYNALDO R. SAN JUAN, petitioner, vs.

    CIVIL SERVICE COMMISSION, DEPARTMENT OF BUDGET AND MANAGEMENT and CECILIA ALMAJOSE, respondents. EN BANC | G.R. No. 92299 April 19, 1991 |GUTIERREZ, JR., FACTS: The position of Provincial Budget Officer (PBO) for the province of Rizal was left vacant by its former holder, a certain Henedima del Rosario. Pet informed Director Reynaldo Abella of the Department of Budget and Management (DBM) Region IV that Ms. Dalisay Santos assumed office as Acting PBO pursuant to a Memorandum issued by the petitioner who further requested Director Abella to endorse the appointment of the said Ms. Dalisay Santos to the contested position of PBO of Rizal. Ms. Dalisay Santos was then Municipal Budget Officer of Taytay, Rizal before she discharged the functions of acting PBO. In a Memorandum addressed to the DBM Secretary, then Director Abella recommended the appointment of the private respondent as PBO of Rizal on the basis of a comparative study of all Municipal Budget Officers of the said province which included three nominees of the petitioner. According to Abella, the private respondent was the most qualified since she was the only Certified Public Accountant among the contenders. DBM Undersecretary Nazario S. Cabuquit, Jr. signed the appointment papers of the private respondent. In a letter addressed to Secretary Carague, the petitioner reiterated his request for the appointment of Dalisay to the contested position unaware of the earlier appointment made by Undersecretary Cabuquit. Petitioner after having been informed of the private respondent's appointment wrote Secretary Carague protesting against the said appointment on the grounds that Cabuquit as DBM Undersecretary is not legally authorized to appoint the PBO; that the private respondent lacks the required three years work experience as provided in Local Budget Circular No. 31; and that under EO 112, it is the Provincial Governor, not the Regional Director or a Congressman, who has the power to recommend nominees for the position of PBO. DBM, through its Director of the Bureau of Legal & Legislative Affairs (BLLA) Virgilio A. Afurung, issued a Memorandum ruling that the petitioner's letter-protest is not meritorious considering that public respondent DBM validly exercised its prerogative in filling-up the contested position since none of the petitioner's nominees met the prescribed requirements. Petitioner wrote public respondent CSC protesting against the appointment of the private respondent and reiterating his position regarding the matter. CSC dismissed the protest. Gov - it is his exclusive duty; CSC - local chief excutive merely directory ISSUE: WON private respondent is lawfully entitled to discharge the functions of PBO of Rizal pursuant to the appointment made by public respondent DBM's Undersecretary upon the recommendation of then Director Abella of DBM Region IV. HELD: We have to obey the clear mandate on local autonomy. Where a law is capable of two interpretations, one in favor of centralized power in Malacaang and the other beneficial to local autonomy, the scales must be weighed in favor of autonomy. Predecessors of the current Constitution shows a growing favor for local autonomy. + The exercise of greater local autonomy is even more marked in the present Constitution. Article II, Section 25 on State Policies provides: "Sec. 25. The State shall ensure the autonomy of local governments" + The 14 sections in Article X on Local Government not only reiterate earlier doctrines but give in greater detail the provisions making local autonomy more meaningful. (Sections 2 and 3 of Article X) + When the Civil Service Commission interpreted the recommending power of the Provincial Governor as purely directory, it went against the letter and spirit of the constitutional provisions on local autonomy. + The right given by Local Budget Circular No. 31 which states: "Sec. 6.0 The DBM reserves the right to fill up any existing vacancy where none of the nominees of the local chief executive meet the prescribed requirements." is ultra vires and is, accordingly, set aside. The DBM may appoint only from the list of qualified recommendees nominated by the Governor. If none is qualified, he must return the list of nominees to the Governor explaining why no one meets the legal requirements and ask for new recommendees who have the necessary eligibilities and qualifications. + The PBO is expected to synchronize his work with DBM. More important, however, is the proper administration of fiscal affairs at the local level. Provincial and municipal budgets are prepared at the local level and after completion are forwarded to the national officials for review. They are prepared by the local officials who must work within the constraints of those budgets. She cannot apply the DBM procedure, reject all the Council nominees, and appoint another person whom she feels is better qualified. + "Philippine Political Law" Dean Vicente Sinco - the value of local governments as institutions of democracy is measured by the degree of autonomy that they enjoy. Citing Tocqueville, he stated that "local assemblies of citizens constitute the strength of free nations. . . . A people may establish a system of free government but without the spirit of municipal institutions, it cannot have the spirit of liberty."

    + Our national officials should not only comply with the constitutional provisions on local autonomy but should also appreciate the spirit of liberty upon which these provisions are based. DISPO: WHEREFORE, the petition is hereby GRANTED. The questioned resolutions of the Civil Service Commission are SET ASIDE. The appointment of respondent Cecilia Almajose is nullified. The Department of Budget and Management is ordered to appoint the Provincial Budget Officer of Rizal from among qualified nominees submitted by the Provincial Governor.

    You might also like