De Rama vs CA

Facts: Upon his assumption to the position of Mayor of Pagbilao, Quezon, petitioner Conrado L. de Rama
wrote a letter dated July 13, 1995 to the Civil Service Commission (or CSC), seeking the recall of the
appointments of fourteen (14) municipal employees. Justifying his recall request on the allegation that the
appointments of the said employees were midnight appointments of the former mayor, Ma. Evelyn S.
Abeja, done in violation of Article VII, Section 15 of the 1987 Constitution. The CSC denied petitioners
request for the recall of the appointments of the fourteen employees, for lack of merit. The CSC upheld the
validity of the appointments on the ground that they had already been approved by the Head of the CSC
Field Office in Lucena City, and for petitioners failure to present evidence that would warrant the revocation
or recall of the said appointments.
Issue: whether or not the recall made by petitioner is valid.
Ruling: No. It is the CSC that is authorized to recall an appointment initially approved, but only when such
appointment and approval are proven to be in disregard of applicable provisions of the civil service law and
regulations. Rule V, Section 9 of the Omnibus Implementing Regulations of the Revised Administrative
Code specifically provides that an appointment accepted by the appointee cannot be withdrawn or revoked
by the appointing authority and shall remain in force and in effect until disapproved by the Commission.
Accordingly, the appointments of the private respondents may only be recalled on the following grounds:
(a) Non-compliance with the procedures/criteria provided in the agencys Merit Promotion Plan; (b) Failure
to pass through the agencys Selection/Promotion Board; (c) Violation of the existing collective agreement
between management and employees relative to promotion; or (d) Violation of other existing civil service
law, rules and regulations.

RAMON M. ATIENZA
vs.
Gov. JOSE T. VILLAROSA
FACTS:
- Governor issued a memoranda concerning:
1. AUTHORITY TO SIGN PURCHASE ORDERS OF SUPPLIES, MATERIALS, EQUIPMENT[S],
INCLUDING FUEL, REPAIRS AND MAINTENANCE OF THE SANGGUNIANG PANLALAWIGAN.
2. TERMINATION OF CONTRACT OF SERVICES OF CASUAL/JOB ORDER EMPLOYEES AND
REAPPOINTMENT OF THE RESPECTIVE RECOMMENDEES entered into by Vice-Governor Ramon
M. Atienza are hereby terminated for being unauthorized.
3. "ENFORCIBILITY (sic) OF PREVIOUS MEMORANDA ISSUED ON JUNE 20, 26 AND JULY 1, 2002.

- Vice-Governor invoked the principle of separation of powers as applied to the local government
units, (Governor)-head of the executive branch, and (Vice-Governor)- head of the legislative branch, which
is the Sangguniang Panlalawigan.
-Both public officials are no longer incumbent. The VG did not seek re-election while the Gov. did not win
his candidacy.
ISSUE:
-WON the Governor in issuance of his memoranda is is authorized to approve purchase orders of
the Sangguniang Panlalawigan
HELD:

-Be the presiding officer of the sangguniang panlalawigan and sign all warrants drawn on the provincial
treasury for all expenditures appropriated for the operation of the sangguniang panlalawigan.
- In case of temporary absence or incapacity of the department head or chief of office, the officer next-inrank shall automatically perform his function and he shall be fully responsible therefor.
- the Governor, with respect to the appointment of the officials and employees of the Sangguniang
Panlalawigan, has no such authority.
- WHEREFORE, the petition is GRANTED. The Memoranda dated June 25, 2002 and July 1, 2002 issued
by respondent Governor Jose T. Villarosa are NULL AND VOID.