FELICIANO VS.

DND
G.R. No. 199232; NOV. 8, 2017
Sung, Cecil Anne
FACTS: Exec. Sec. Ochoa issued Memo. Circular No. 1, providing the termination of all non-CES Officials
occupying career executive service positions in all agencies of the Executive Branch. The petitioners were
terminated from their respective positions as Assistant Secretary and Director III of the DND for having
lacked the requirement of completing four stages of qualification for the Career Executive Service Eligibility
(CESE), which would have given them security of tenure. This SC appeal seeks to undo the termination of the
petitioners' service by the DND on the basis that they did not enjoy security of tenure.

ISSUE: WERE PETITIONERS ILLEGALLY TERMINATED IN VIEW OF THEIR SECURITY OF TENURE?

RULE: NO; the termination of the petitioners upon the stated ground was valid. Sec. 3, Art. IX-B of the
Constitution specifies the mandate of the CSC as the central personnel agency of the Government. Under
this provision, the CSC has the power to promulgate rules and regulations such as the CSEE, through the
CESB. In this case, the petitioners did not possess the required CSEE despite their insistence on having such
eligibility. Thus, the rules and regulations of the CESB in acquiring the eligibility should be observed and
complied with. *OPTIONAL ADDITIONAL INFO: It is also noteworthy that the court affirmed the CSC’s original
jurisdiction over the cases of the petitioners. It held that the power and function to hear and decide
administrative cases on all personnel and civil service matters remains to be duty and function of the CSC, in
accordance with the Constitution, under EO No. 292 (The Administrative Code of 1987).