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ABELLA V. CSC (2004) The Facts: Petitioner Francisco A. Abella, Jr.

, a lawyer, retired from the Export Processing Zone Authority EPZA!, now the Philippine Economic Zone Authority PEZA!, on July ", "##$ as %epartment &anager of the 'egal (er)ices %epartment. *e held a ci)il ser)ice eligibility for the position of %epartment &anager, ha)ing completed the training program for Executi)e 'eadership and &anagement in "#+, under the -i)il (er)ice Academy, pursuant to -(- .esolution /o. +01 dated April "$, "#2#, which was then the re3uired eligibility for said position. 4wo years after his retirement, petitioner was hired by the (ubic 5ay &etropolitan Authority (5&A! on a contractual basis. 6n January ", "###, petitioner was issued by (5&A a permanent employment as %epartment &anager 777, 'abor and Employment -enter. *owe)er, when said appointment was submitted to respondent -i)il (er)ice -ommission .egional 6ffice /o. 777, it was disappro)ed on the ground that petitioner8s eligibility was not appropriate. Petitioner was ad)ised by (5&A of the disappro)al of his appointment. 7n )iew thereof, petitioner was issued a temporary appointment as %epartment &anager 777, 'abor and Employment -enter, (5&A on July #, "###. Held: Approval Required for Permanent Appointment A permanent appointment in the career ser)ice is issued to a person who has met the re3uirements of the position to which the appointment is made in accordance with the pro)isions of law, the rules and the standards promulgated pursuant thereto. 7t implies the ci)il ser)ice eligibility of the appointee. 4hus, while the appointing authority has the discretion to choose whom to appoint, the choice is sub9ect to the ca)eat that the appointee possesses the re3uired 3ualifications. 4o ma:e it fully effecti)e, an appointment to a ci)il ser)ice position must comply with all legal re3uirements. 4hus, the law re3uires the appointment to be submitted to the -(- which will ascertain, in the main, whether the proposed appointee is 3ualified to hold the position and whether the rules pertinent to the process of appointment were obser)ed. 4he applicable pro)ision of the -i)il (er)ice 'aw reads; (E-476/ #. Powers and Functions of the Commission. < 4he -ommission shall administer the -i)il (er)ice and shall ha)e the following powers and functions; h! Appro)e all appointments, whether original or promotional, to

positions in the ci)il ser)ice, except those of presidential appointees, members of the Armed Forces of the Philippines, police forces, firemen, and 9ail guards, and disappro)e those where the appointees do not possess the appropriate eligibility or re3uired 3ualifications. An appointment shall ta:e effect immediately upon issue by the appointing authority if the appointee assumes his duties immediately and shall remain effecti)e until it is disappro)ed by the -ommission, if this should ta:e place, without pre9udice to the liability of the appointing authority for appointments issued in )iolation of existing laws or rules; Pro)ided, finally, 4hat the -ommission shall :eep a record of appointments of all officers and employees in the ci)il ser)ice. All appointments re3uiring the appro)al of the -ommission as herein pro)ided, shall be submitted to it by the appointing authority within thirty days from issuance, otherwise, the appointment becomes ineffecti)e thirty days thereafter.=