002 ABELLA v.
CSC (Peliño) FACTS:
November 17, 2004 | Panganiban, J. | Kinds of Appointment in the Career Service
PETITIONER: Francisco Abella, Jr.
RESPONDENT: Civil Service Commission
SUMMARY: Abella retired from PEZA in 1996 as Department Manager. Prior
to his retirement, CSC passed MC No. 21 which in essence, classified certain
positions as under Career Exeutive Service provided that: (1) position is career,
(2) above division chief level, and (3) duties and responsibilities require the
performance of executive or managerial functions; and that incumbents retain
their permanent appointments but when they transfer, they would be put on
temporary status until they qualify. 2 years after he retired, SBMA hired him and
was eventually issued a permanent employment status as Department Manager
III. When submitted to the CSC Region III for approval, they disapproved since
he was not qualified. On appeal to the CSC, they affirmed Region III’s decision.
On a petition for review to the CA, CA affirmed since Abella was not the real
party in interest. Hence, this petition. The issue in this case is whether or not
CSC erred in disapproving the appointment of Abella. The SC held in the
negative. A permanent appointment is issued to a person who has met the
requirements for the position. Appointments in the CSC can only be made
through merit and fitness to be determined by competitive examination. CSC
laws have expressly empowered the CSC to issue and enforce rules and
regulations to carry out its mandate. Positions in the career service, for which
appointments require examinations, are grouped into 3 major levels: 1 st Level:
Clerical, trades, crafts, and custodial service positions which involve non-pro or
sub-pro work in a non-supervisory or supervisory capacity requiring less than 4
years of collegiate studies; 2nd Level: professional, technical, and scientific
positions which involve professional, technical, or scientific work in a non-
supervisory or supervisory capcacity requiring at least 4 years of college work
up to Division Chief Level; 3 rd Level: Positions in the Career Executive Service.
3rd Level requires a Career Service Executive Eligibility as a requirement for
permanent appointment. MC No. 21 didn’t revoke his ELM eligibility he was
only found to be inadequate, thus should conform. Moreover, he already retired
in 1996, so in his reemployment, it was necessary for him to comply with the
elegibility already prescribed for that position.
DOCTRINE: Positions in the career service, for which appointments require
examinations, are grouped into 3 major levels: 1 st Level: Clerical, trades, crafts,
and custodial service positions which involve non-pro or sub-pro work in a non-
supervisory or supervisory capacity requiring less than 4 years of collegiate
studies; 2nd Level: professional, technical, and scientific positions which involve
professional, technical, or scientific work in a non-supervisory or supervisory
capcacity requiring at least 4 years of college work up to Division Chief Level;
3rd Level: Positions in the Career Executive Service.
1. Francisco Abella, Jr. (Abella) was a lawyer who retired from the EPZA
(now the PEZA) on July 1, 1996 as Department Manager of the Legal
Services Department.
a. He held a civil service eligibility for the position of Department
Manager for completing the training program for Executive Leadership
Management, pursuant to CSC Resolution NO. 850.
2. But on May 31, 1994, CSC issued MC No. 21, which in essence, classified
certain positions as under the Career Executive Service provided that: (a)
the position is a career position, (2) above division chief level, and (3)
duties and responsibilities of the position require the performance of
executive or managerial functions. And that those who are incumbents
retain their positions but when they transfer, they would be put on
temporary status until they qualify.
3. 2 years after retirement, he was hired by SBMA on a contractual basis and
was issued a permanent employment status as Deparment Manager III.
4. When this was submitted to CSC Region III for approval, it was
disapproved since he was not eligible, so SBMA issued him a temporary
appointment.
5. Abella appealed to the CSC, but they still affirmed.
6. Abella filed a petition for review with the CA on the basis that MC No. 21
is unconstitutional.
a. CA shunned, claiming that consti question should not be passed upon if
there are other grounds.
b. Abella was not a real party in interest since no vested right.
7. Hence, this petition.
ISSUE/s:
1. WON Abella is a real party in interest. – YES.
2. WON CSC erred in disapproving the appointment of Abella. – NO.
RULING: WHEREFORE, petition is GRANTED insofar as it seeks legal standing
for petitioner, but DENIED insofar as it prays for his reversal of the CSC
Resolutions disapproving his appointment as department manager III of the Labor
and Employment Center, SBMA.
RATIO:
On whether CSC erred in disapproving the appointment of Abella
1. A permanent appointment in the career service is issued to a person who has
met the requirements of the position to which the appointment is made.
a. Implies the civil service eligibility of the appointee.
b. While the appointing authority has the discretion to choose whom to
appoint, the choice is subject to the caveat that the appointee possesses
the required qualifications.
c. To make it fully effective, an appointment to a civil service position
must comply with all legal requirements.
 d. Appointment to be submitted to the CSC which will ascertain whether
the proposed appointee is qualified to hold the position and whether the
rules pertinent to the process of appointment were observed.
2. Appointments in the CSC can obly be made through merit and fitness to be
determined by competitive examination. CSC laws have expressly
empowered the CSC to issue and enforce rules and regulations to carry out
its mandate.
a. In the exercise of its authority, CSC deemed it appropriate to clearly
define and identify postiitons covered by the CES. It had to issue
guidelines.
b. Positions in the career service, for which appointments require
examinations, are grouped into 3 major levels:
i. First level: Clerical, trades, crafts, and custodial service positions
which involve non-pro or sub-pro work in a non-supervisory or
supervisory capacity requiring less than 4 years of collegiate
studies.
ii. Second Level: professional, technical, and scientific positions
which involve professional, technical, or scientific work in a non-
supervisory or supervisory capcacity requiring at least 4 years of
college work up to Division Chief Level.
iii. Third Level: Positions in the Career Executive Service.
c. Entrance to the different levels requires the corresponding civil service
eligibility. Those in the 3rd level require a Career Service Executive
Eligibility as a requirement for permanent appointment.
d. Circular didn’t revoke his ELM eligibility, but it was only inadequate
and he must conform.
e. Moreover, he already retired in 1996, so in his reemployment, it was
necessary for him to comply with the elegibility already prescribed for
that position.