CSC CIVIL SERVICE COMMISSION Pers rom BAYAR BARRIENTOS, Marita S.D. Namper:__ 150587 Re: invalidated Appointment 7 — (Education Requirement) Promuigated: 9 0 JUL 2015 (Petition for Review) (NDC-2014-08022) DECISION Marita S.D. Barrientos, University/College Vice President IV (SC-28), Pamantasan ng Lungsod ng Maynila, City of Manila, files a motion for reconsideration, treated as petition for Review, from the Letter dated June 17, 2014 of the Civil Service Commission—National Capital Region (CSC-NCR), Quezon City. invalidating her permanent appointment as University Vice President (SG-28) for failure to meet the education requirement of the position. dated June 17, 2014 of the CSC-NCR. read as ‘The pertinent portions of the Let follows: wer “4 comparative evaluation of the qualifications of Barrientos indicated in her submitted Personal Data Sheet accomplished on March 2014 vis-d-vis the qualification standards for University/College Vice President IV’ (SG 28) shows that she does not meet the education requirement “jor the position Thus, therefore, does no! qualify her for the issuance of a “permanent appointment pursuant to Section 27(1), Chapter 5, Subtitle. A, Title 1 (Book: Vi fof? Executive Order No. 292. wx “in view thereof, the permanent (promotion) appointment of Marita SD. Barrientos as Universiw/College Vice President (SG 28) ai the Pamantasan ng Lungsod ng Maynila (PLM) issued on April ?, 2014 1s hereby INVALIDATED." In her petition, Barrientos represents. thus: wor Jerein movan: was deemed qualified and eiigible for the position o! Universin. ‘College Vice-President IV (SG 28), based on the Merit Selection Plan MSP) used by the Universin. which was duly approved for implementation by the Civil Service Commission on Februar 27, 2003 a Aa Cortifies Teas mus. Ine Raerto Sere: Responsive, Acesibe, Cures and ERCER Put Taras “te OE" 135 991-7999/951-8092 + | cacphil@webmailceegovph + @ www.ces gor: 6 Quezon Ciny* 9: Building. IBP Road, Consurution His“Section 12 of Republic Act 4196 or the PLM Charter, expressly grants the University both the authori and discretion to prescribe the regulations and requirements covering the appointment of both academic and administrative personnel in the University, 202: sox “The legislature, in crafting the PLM Charter, deemed it wise to uhoid the very essence of academic freedom as guaranteed by Section 5 Articie XIV of the 1987 Constitution, which assures that academic freedom shall be enjoved in all institutions of higher learning “The University has always been stringent and thorough in the selection and engagement of its administrative and academic staff in line with the mandate granted by its organic law, the University framed and systematized its own Merit Selection Plan (MSP), pursuant to the provisions of Section 32, Book V of the Administrative Code of 1987 (Executive Order No 292), and other relevant CSC regulations. “The Merit Selection Plan was submitted by then University President Benjamin G, Tavabas to the CSC-NCRO on November 4, 2002. The same was approved for implementation by Director Agnes D. Padilla on February 7, 2003 xx. “The approved University MSP covers positions in the first, second and third ievels, covering original appointment: and other personnel actions including promotions. The basic policies of the approved University MSP also prescribes that the ‘selection of employees for appointment in the (University) shall be open 10 all qualified men and women according to the principle of merit and fitness’, and that ‘there shall be equal employment opportunities for men and women ai all levels of positions provided thev meet the minimum muirements of the position to be filled. “The notice indicated the following qualifications for the position of Universitv/College Vice-President IV (Vice-President for Finance and Pinning. (SG-28), which are ‘EDUCATION: Appropriate Master's Degree ‘EXEPERIENCE’ 5 years. in position/s involving ement Supervision "TRAINING 120 hours of managerial training ‘ELIGIBILITY: Appropriate eligibitiey for second level positions The following qualificanon requirements are alse reflected by CSC Memorandum Circular No. 13. series of 2011. pursuant to CSC Resolution No 1100472 dated April §. 2011 { ba Sombarmy Lis meee“Herein movant thus applied for the position, having all the required qualifications for the same as indicated in her Persona! Data Sheet (PDS, accomplished on March 4, 2014 “Her application had undergone thorough evaluation, screening and assessment as prescribed by the University's MSP. The Personnel Selection Board (PSB). after systematic assessment and deliberation of the competence. ‘qualifications, performance and other metrics as prescribed by the University MSP. submined its evaluation to the University President as the Chairperson of the PSB (for firsi and second level positions) xxx. It is only afier this ssiringent process that the application of the movant was approved by the University President, with the movant's appointment being issued on April 2014. “Thus, the movant's appointment to the position of Universitv/College Vice-President IV (Vice-President for Finance and Pianning, SG-28) were all in compliance with the University’s selection process for administrative personnel. in relation to the minimum requirements set by the CSC itself in ‘Memorandum Circular No. 13, s. 2011 “hr és thus highly: inappropriate for the CSC-NCRO 10 abruptiv and arbitrarily: apply the 1997 Revised Qualification Standards Manual in the ‘assessment of the movant’s qualifications for the position she applied for there being no basis for its sudden application 10 the University's rules and ‘policies for the selection of its administrative personnel. Again, it is through Congress that PLM was created, and not through local ordinance “Moreover. there are marked differences between a Local Chartered University or College vis-a-vis Local Colleges and Universities (LCU's) which are created through @ local ordinance. Even if its funds are sourced from the City Government of Manila. PLM is categorized under the former, its creation being authorized through congressional fiat. The University's classification cannot and should not be confused with that of an LCU, since PLM is sui generis. its nature and classification being broader in scope than thar of an LCU. “Case in poini, the University is therefore sanctioned by its organic law to prescribe its own procedure jor the selection and engagement of its administrative personnel. which is embodied by ts CSC approved Merit Selection Plan. Therefore. the movant's permanent (promotion) appointment to the position of Universitv/College Vice President IV’ (SG 28). having been issued’ in conformity with the abovementioned regulation. is proper and valid" s Follows: wy ‘The amecedent facts of the case are. ; ; a SEYMOU Commission Seeretiriat & L [eee Shievedsi@oi 2 OfficeRecords show that on April 7, 2014, Artemio G. Tuquero, then University Presiden: PLM, appointed Barrientos to the position of University Vice President (SG 28). same agency. under permanent status and in the nature of promotional appointment. On June 17 2014. the CSC-NCR issued the above-quoted assailed Decision invalidating the permanent appointment of Barrientos as she did not meet the education requirement of the position. On August 12, 2014, Barrientos filed the herein petition. On January 29, 2015, the PLM through Atty. Rufino V. Abuda, Officer-in-Charge—University Legal Counsel, informed tne Commission that they reverted Barrientos to her former position of Supervising Administrative Officer (SG 22) effective November 27, 2014 on the ground that the person ‘who appointed her, PLM President Tuquero, is not the appointing authority of the PLM. Accordingly. the appointing authority is the PLM Board of Regents as provided under Section 6 of Republic Act No. 4196 ‘The sole issue for resolution is whether the invalidation of Barrientos’ appointment is in order. Relevant to the case is Section 27, Chapter 5, Subtitle A, Titie I, Book V of the Executive Order 292° which provides that: x "a. Permanent ~ issued 10 0 person who meets all the minimum qualification reauirements of the position 10 which he i being appointed including the appropriate eligibility prescribed, in accordance with the provisions of law. rules and standards promulgated in pursuance thereof.’ (inderscoring supplied) The afore-quoted rule underscor issued to a person who meets all the quai that an appointment under permanent status is fication requirements of tie position Before evaiuating Barrientos’ qualifications, there is ¢ need first to determine what qualifications standards are applicable to her. the 1997 Revised Qualification Standards Manual” which the CSC-NCR appiied or CSC Memorandum Circular (MC) No. 13, series 2011° which Barrientos herein invokes. CSC MC No. 13. s. 2011 cannot be applied to the herein case, Let it be clarified that CSC MC No. 13, s. 2011 was promulgated to correct the classification of some positions which were misclassified as third ievel positions. Third level positions in the government are those exclusively’ enumerated under Section 7. Chapter 2. Book V, Administrative Code of 1987'. 10 wi AN ACT AUTHORIZING THE CITY CITY OF MANILA AND FOR OTHER PURPO: ‘Tae Aministrative Code of 2987 CSC Memarenaum Cireuia: No. senes 199° oles for Executive Managerial Postion mn & der No, 282 SH ee Tee CagisPBarientos; M. Page 5 of? e “Sec. 7. Career Service. — exe “The Career Service shal! include xxx “(3) Positions in the Career Executive Service; namely: Undersecretary, Assistant Secretary, Bureaw Director. Assistant Buréau Director, Regional Director, Assistant Regional Director, Chie/ of Department Service and other officers of equivalent rank as may be identified by the Career Executive Service Board, all of whom are appointed by the President, ‘The limitation of third ieve! positions to the above-mentioned enumeration has been settled by the Supreme Court in the cases of Home insurance Guarantee Corporation vs. CSC", Office of the Ombudsman vs. CSC” and Office of the Ombudsman vs. CSC’ All other positions in the government excluded from the aforesaid enumeration, but were then classified as third level, have been interpreted to belong to the second level (CSC Resolution No. 10-0623 dated March 29, 2016 circularized under CSC MC No. 7, series, 2010°). For this reason, the Commission promulgated CSC MC No. 13, s. 2011 setting specific qualification standards therefor. The University/College Vice President IV was not then classified as third level position as appointees thereto are not required to possess Career Executive Service Eligibility (CESE) or Career Service Executive Eligibility (CSEE) for purposes of appointment. As such, it cannot be the subject of MC No. 13, s. 2011 Apparently. the position of University/Coliege Vice President IV is akin to the positions in State Universities and Colleges (SUC) and Local Colieges and Universities (SUC) which are classified as ciosed career positions. ‘Thus, the qualifications for the University/College Vice President IV set forth under the 1997 Revised Qualification Standards Manual should be applied to this case. The qualification standards for the position of University Vice President as prescribed in the 1997 Revised Qualification Standards Manual vis-d-vis the qualifications of Barrientos as stated in her Personal Data Sheet (PDS) accomplished on March 17, 2014 are. as foliows a Ne. 95450 gated 6, 1983 GR Ne 159940 antes February 16. 200: * GRNo. 162215 gated July 36, 2007 * Clarificatory Guidelines on tne SeQualification Standards for | | | the position of | o- University/College Vice | Qualifications of Barrientos based on ‘actors | President FV pursuant to | her PDS dated March 17,2014 | the 1997 Revised j Qualification Standards | | | -BS Biectrical Engineering | | | -MBA General Management | | | | -Doctor of Business Administraion- | | Education | Appropriate Doctoral degree | General Management (eared $5 units) | -MEM Systems Management (eamed 12. | units) -Doctor of Public Management, on-going L i (eared 27 units) | | | es 2 | Five (5) years in position/s Sufficient years of relevant | Experience | involving management and | experience | supervision | | i ; | | Trainin None reauired | Eligibitity None required : It could be inferred from the foregoing that Barrientos meets the experience prescribed for the position, while there are no training and eligibility requirements. She however, did not meet the education requirement thereof. Inasmuch as permanent status could only be issued to a person who meets all the qualification requirements of the position, she cannot, therefore, be appointed under permanent status, 1s to be observed that Barrientos contends that her appointment should be approved as RA No. 4196 “expressiy grants tne University both the authority and discretion to prescribe the regulations and requirements covering the appointment of both academic and administrative personnel in the University”. She also represented that Section 12 of said law exempts professors. instructors and other personnel of the university from any civil service examination, reguiation or requirement as 2 requisite to appointment The Commission has already passed upon said issue in the similar case of SOLIS. Angelita G. Re: invalidated Appointment". to wit: “Ler tt be stated that the ‘civil service shall be administered bythe Civil Service Commission ‘Tas crvil service embraces ali branches subdivisions. instrumenualities. and agencies of the Government, inciudimg = ¢ cision Ne. 150170 dated March 89, 2015 Aa ese De‘government-owned or controlled corporations with original charters.’ The PLM being a government agency is thus, part of the civil service which i ‘mandated to be administered by the Commission. The Commission is also empowered. as the central human resource agency of the Government, ‘to establish a career service and adop! measures 10 promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service.’ Relative thereto, Section 22 (I) and (2), Chapter 5, Subtitie A, Title I, Book V of the Executive Order 292. empowers the Commission to approve the qualification standards of the position in the government agencies, 10 wit ‘SEC. 22 Qualification Standards. — (1) A qualification standard expresses the minimum requirements for a class of positions in terms of education, training and experience, civil ‘service eligibility, physical fimness, and other qualities required ‘for successful performance. The degree of qualifications of an officer or emplovee shall be determined by the appointing authority on the basis of the qualification standard for the particular position. ‘Qualification standard shall be used as basis jor civil service examinations for positions in the career service, as ‘guides in appointment and other personnel actions, 220: (2) The establishment, administration and maintenance of qualification standards Shall be the responsibility of the department or agency, with the assistance and approval of the Civil Service Commission and in consultation with the Wage and Position Classification Office “Based on the foregoing. « qualification standard jor the University Vice President IV were formulated Thus, i cannot be said that the Commission has no authority to regulate and require the human resource of the PLM to meet the qualification standards of a position “The Commission finds that the provisions of RA No. 4196. which are conflict with the Constitution, are superseded by the latter aw. It must be emphasized that ‘[I)n case of conflict between the Constitution and a statute. the Constitution aiways prevails because the Constitution is the basic iaw 10 which ali other laws must conform 10. The duty of the Court is 10 uphold the Constitution and 10 deciare void all laws thai do noi conform to ti. Moreover. under the doctrine of constitutional supremacy, if a law or contract violates any norm of the constitution that law oF contract whether promulgated by the legislative ov i the executive branch or entered into by private persons i private purposes is null and void and withou: any force and effect. / Commission Secretaiane Liason OfficeFinally. the Commission also noted that Barrientos was not appointed by the PLM Board of Regents. the PLM's lawful appointing authority, as provided for under Section 6 (e) of RA No. 4196. The same is also an infirmity in her appointment. Nevertheless, the PLM, on its own, has no authority to revert Barrientos back to her former position as her invalidated appointment case is still with the Commission's jurisdiction. Section 1, Rule IV and Section, 3, Rule VI, CSC Memorandum Circular No. 40, s. 1998, as amended, (Revised Omnibus Rules on Appointments and Other Personnel Actions) is controlling on the matter. to wit: sox “See. I. An appointment issued in accordance with pertinent laws and rules shall take effect immediately upon its issuance bv the appointing authority, and if the appointee has assumed the duties of the position. he Shall be entitled to receive his salary a! once without awaiting the approval of hus appoinment by the Commission. The appointment shall remain effective until disapproved by the Commission. x x x. “Sec. 3. When an appoiniment is disapproved. the services of the appointee shall be immediately termined. unless a motion for reconsideration or appeal is seasonably filed. x “If @ motion for reconsideration or an appeal jrom the disapproval is seasonably filed with the proper office. the appointment is still considered 10 be effective The disapproval becomes final oniv after the same is affirmed by the Commission.” (Underscoring supplied) The above-quoted section of CSC MC 40, s. 1998 expressly provides that an appointmen: takes effect from the date of its issuance. The appointment remains effective uumtil the same has been disapproved/invalidated by the Commission with finality. Thus. PLM's restoration of Barrientos to her former position is within the Commission's authority Xe tule upon as it is the effect of an invalidated appointment under Section 115 of Revised Ruies on Administrative Cases in the Civil Service (RRACCS) which provides. as follows: “Section 115. Effect of Decision. ~ Where the Commission, on eal, Sets aside, modifies or reverses the decision whereby an emplovee was Gropped from the rolls, he/she shall be reinstated immediately’ 10 his/her former post with pavmen: of back salaries and other monetary benefits “in case of illegal termination the empiovee shall be reinstated with pavment of back salaries in case of disapproval. invalidation, recall and revocation of appointments. the appointee shall be restored w his/her former osition without loss of seniorttv rights” (Unaerscoring supplied Barrientos should have been performing the duties of the University Vice Presiden IV ($G-28) anc paid tne salary of saié position unti) the Commission finaliy resolves the case. As such. Barrientos is considerec: as a de facio office: and should be paid of the salary 7 taeof University Vi Decision becomes executory + President IV (SG 28) from the time she was appointed thereto until this In fine. the Commission finds the herein petition for review of Marita S. D. Barrientos. bereft of merit. WHEREFORE, the petition for review of Marita $.D. Barrientos, University Vice President, Pamantasan ng Lungsod ng Maynila (PLM), City of Manila, is DISMISSED Accordingly, the Letter dated June 17, 2014 of the Civil Service Commission—National Capital Region (CSC-NCR), Quezon City, invalidating her permanent appointment as University Vice President IV (SG 28) for failure to meet the education requirement of the position, is AFFIRMED with MODIFICATION. The permanent appointment of Barrientos as University Vice President IV (SG 28), is INVALIDATED for failure to meet the education requirement and that it was not issued by the appointing authority. Barrientos is Teverted to her former position as Supervising Administrative Officer (SG 22) and should be paid the salary of University Vice President IV (SG 28) from the time of her appointment nti! this Decision becomes executory Copies of this Decision shall be furnished the Commission on Audit-PLM, and the Government Service Insurance System (GSIS), for their reference and appropriate action. Quezon City VACANT Chairman UNA Ag NIEVES L. OSORIO Commissioner Attested by (forbes DOLORE® B. BONIFACIO Director IV Commission Secretariat and Liaison Office OLAt/P4340t 116-soms06!SHeslo/ord Barrientos (Peston fer Renewa CIVIL SERVICE COMMISSION ‘Paras ceumBAVAN MINUTES OF COMMISSION MEETING NO. 25 CENTENNIAL ROOM. JUNE 30, 2015, * PRESENT: A. THE COMMISSION Commissioner ROBERT S. MARTINEZ Commissioner NIEVES L. OSORIO B. _ Assistant Commissioners Assistant Commissioner ARTEL G. RONQUILLO Executive Director IV ARTHUR LUIS P. FLORENTIN (Policy Matters only) C. Commission Secretariat and Liaison Office (CSLO) Director DOLORES B. BONIFACIO Director PRISCO S. RIVERA, JR. Ms, SEYMOUR R. PAJARES Ms. MA. FERLY P. ENRIQUEZ Ms. NOEMI A. BRILLO ‘Ms. MARIA TERESA B. CAUSING Mr. BERNARD R. DE LUMEN D. Executive Offices Director REGIDOR V. PABLO, Jr. (Office of Commissioner Martinez) Director BERNARD G. JIMENEZ (Office of Commissioner Osorio) E. Office for Legal Affairs (OLA) (cases only) Director ARIEL V. VILLANUEVA Atty. ANGELINA FARRAL Atty. CHRISTIAN DAWN MOLINA Atty. BRANDO NORONA Atty. JAMAHLIN LACANDAZO-ESCALONA Atty. FAITH CUEVAS-CORNICO Mr. VALERIANO MOZO Ms. NOURHALMA SORIANO Ms. ARPEE RUTH JAO MR. RONNIE VILLA Ina Raceto Serve: Responsive, Accessible, Courteous and Effective Public Service ee Bt Cocceiplesce Hille 1296 Ouetan City « 8 931-7935/931-7939/931-8092 [el cscphil@webmail.csc.goviph * @ wwrw.csc.gov2B. ‘Department Manager III, Southern Tagalog and Bicol Region, under the Operations Sector, from Assistant General Manager for Finance (SG 27, is AFFIRMED. COMMENTS: It was stated that the PCSO Board of Directors should have submitted its Rationalization Plan to the GCG for approval Check the correct position title of Paruginog. Is it Assistant General Manager for Finance, or Assistant General Manager for Production and Marketing? Revise line 303 on page 7. It was stated that in a reorganization, a valid demotion may occur. BARRIENTOS, Marita S.D. RSM Re: _ Invalidated Appointment; (Education Requirement) (Petition for Review) (NDC-2014-08022) DECISION: The Commission DISMISSED the petition for review of Marita S.D. Barrientos, University Vice President, Pamantasen ng Lungsod ng Maynila (PLM), City of Manila. Accordingly, the Letter dated June 17, 2014 of the Civil Service Commission-National Capital Region (CSC-NCR), Quezon City, invalidating her permanent appointment as University Vice President TV (SG 28) for failure to meet the education requirement of the position, is AFFIRMED with MODIFICATION. The permanent appointment of Barrientos as University Vice President IV (SG 28), is INVALIDATED for failure to-meet the education requirement and that it was not issued by the appointing authority. Barrientos should be paid the salary of University Vice President IV (SG 28) from the time of her appointment until the Decision becomes executory. Barrientos is reverted to her former position as Supervising ‘Administrative Officer (SG 22) effective when the Decision becomes executory. Copies of the Decision shall be furnished the Commission on Audit-PLM and the Government Service Insurance System (GSIS) for their reference and appropriate action. 444. “CUWALLAY St“ on iy sbworyy non weary wel ees soRENAE) sopun ‘uoidoy foot pue Zope waymos ‘TH eBeUEN wounsedoq, Toaanmucn ost cet PRCINCR failed 10 consider Tuquero’s lack of. authority to appoint Senother ground for the invalidation of ‘Barrientos’ appointment. ws apevhe the PLM, on its own, reverted Barrientos to her former position on November 27, 2014, which the latter refused to heed. Posirertos alleged that her appointment as UVE Wat ‘based on the Merit Selection Plan (MSP) used by the ‘University which was approved by the CSC-NCR. te-was pointed out thatthe decision of the PLM reverting Barrientos to her previous position is not tenable because the’ Commission has the sole jurisdiction to recalVinvalidate/disapproee © appointment {Section 1, Rule IV and Section 3, Rule ‘VI, CSC MC No. 40, s: (598, as amended). In addition, the PLM has not submitted its MSP for approval by the Commission. CSC MC Ne. 19, s. 2005 (Model MPP for SUCSLCUs) shows that the position of UVP is not Merrided. in the list of positions exempted fom the eligibility veauirement. Said ciroular covers only teaching positions (Professors, Instructors) ‘The case of Barrientos is considered ‘a Must-Read Decision. ABDULRAHMAN, Majid Salik NLO Re: Dropping from the Rolls (Appeal) (NDC-2014-02084) DECISION: The Commission DISMISSED the appeal of Majid Salik Abdulrahman, Police Officer (PO) '2, Police Regional Office (PRO}-Autonomous Region in Muslim Mindanao (ARMM), Philippine National Police (PNP). COMMENTS: ‘Add a discussion that Abdulrahman filed his Notice of Appeal and a Memorandum of Appeal with the DILG as early as August 8, 2013. State the observation of the Commission that ‘after almost two (2) years, the DILG has not resolved ‘Abdulrahman’s case. Tt was stated that there was an allegation from the DILG that the Directorate for Personnel Records Manageme (DPRM), PNP has yet to forward the records of the case fo the NAPOLCOM. 15