CSC v. TINAYA | G.R. No. 154898 | February 16, 2005 | Sandoval-Gutierrez, J.

Petitioner: Civil Service Commission

Respondents: Pastor Tinaya

SUMMARY: Tinaya was issued a permanent appointment as Municipal Assessor by Mayor Justimbaste. This was
modified by the CSC by making the appointment temporary due to Tinaya’s non-submission of his prior
service record. Days later, Tinaya married Mayor Justimbaste’s daughter. After the expiration of the
appointment, Acting Mayor Luban extended a permanent appointment to Tinaya. This was initially
disapproved by the CSC, but was approved later upon appeal of Mayor Justimbaste. When Justimbaste was
replaced by Mayor Balderian, Tinaya requested for his service record. However, the release of such file was
delayed. This prompted Tinaya to request for an audit of the employees’ file before the CSC. The audit was
conducted and the CSC found that Tinaya’s appointment should be recalled since it was issued in violation of
the law on nepotism. The SC found that the Order of the CSC was valid.

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. To make it fully effective, an appointment
to a civil service position must comply with all legal requirements. Thus, the law requires the appointment to
be submitted to the CSC, which will ascertain, in the main, whether the proposed appointee is qualified to
hold the position and whether the rules pertinent to the process of appointment were observed. CSC also
has the power to recall an appointment in violation of the Civil Service Law, rules, and regulations.

TOPIC: Organization

FACTS:

 November 16, 1993: Pastor Tinaya was issued a permanent appointment as municipal assessor of the Municipality
of Tabontabon, Leyte by the Municipal Mayor Priscilla Justimbaste
 December 1, 1993: CSC approved the appointment but only as temporary (Dec 1, 1993 to Nov 30, 1994)
o It was made temporary because of Tinaya’s non-submission of his service record with respect to his 3
year work related experience
 December 16, 1993: Tinaya married the daughter of Municipal Mayor Justimbaste
 December 1, 1994: Acting Mayor Luban appointed Tinaya permanently as the Municipal assessor
o Vice Mayor Luban was acting as Mayor because Mayor Justimbaste was on leave
 Although initially disapproved, the CSC approved the appointment upon appeal of Mayor Justimbaste
 June 4, 1999: Tinaya requested the municipality’s HR office to issue his service record, however this was not
immediately acted upon. Thus, Tinaya reported the matter to the CSC and requested a physical audit of the
municipal employees’ 201 files.
 The CSC conducted an Audit and found that Tinaya’s appointment as municipal assessor on December 1, 1994 was
issued in violation of the law on nepotism and therefore, should be recalled
o Thus, the CSC Regional Office issued an Order recalling Tinaya’s appointment. This was affirmed by the
CSC Central Office
 The CA reversed the CSC’s decision, ruling that: the original appointment on November 16, 1993 was permanent
in nature. Thus, the “reappointment” on December 1, 1994 was a mere superfluity. Tinaya could not be held
guilty of nepotism as he was not yet married to the Mayor’s daughter when he was first appointed. Thus, this
petition by the CSC.

ISSUE + RULING:

● WON the November 16, 1993 appointment is permanent—NO

o Lazo vs. Civil Service Commission: under the Constitution, the Civil Service Commission is the central
personnel agency of the government charged with the duty of determining questions of qualifications
 of merit and fitness of those appointed to the civil service. It has the power to:
▪ Sec. 9(h) of the Civil Service Law: Approve all appointments, whether original or promotional,
to positions in the civil service, except those of presidential appointees, members of the
Armed Forces of the Philippines, police forces, firemen, and jailguards, and disapprove those
where the appointees do not possess the appropriate eligibility or required qualifications xxx
o 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. To make it fully effective, an
appointment to a civil service position must comply with all legal requirements. Thus, the law requires
the appointment to be submitted to the CSC, which will ascertain, in the main, whether the proposed
appointee is qualified to hold the position and whether the rules pertinent to the process of
appointment were observed
▪ The appointing officer and the CSC acting together, though not concurrently but consecutively,
make an appointment complete.
 CSC determines whether the appointee possesses the
appropriate civil service eligibility or the required qualifications. If the appointee is qualified,
the appointment must be approved; if not, it should be disapproved.
o In the case at bar, Tinaya’s original permanent appointment as municipal assessor was approved as
temporary by CSC pending his submission of the required service record of his 3-year work experience in
real property assessment or in any related field prior to his appointment as required by the CSC Revised
Qualification Standards. It was only on Dec. 1, 1994 (after temporary appointment expired), that he was
able to submit the required paper. Upon submission, his new appointment was made permanent.
o Tinaya does not dispute such lack of proof of his work related experience when he was extended his
original appointment. He did not raise any objection to the approval of it as temporary. CSC merely
complied with the Constitutional and statutory mandate to determine w/n Tinaya was qualified. Due to
his failure to submit the required service record, CSC did not err in approving the original appointment
as temporary.

● WON the respondent was guilty of nepotism—YES

▪ CSC has the power to recall an appointment in violation of the Civil Service Law, rules, and
regulations. Sec. 20, Rule VI of the IRR of Book V (Civil Service) of the Admin Code of 1987
provides that notwithstanding the initial approval of an appointment, the same may be
recalled on the ground of violation of other existing civil service law, rules and regulations.
▪ In the case at bar, on Dec. 1, 1994, Acting Mayor Luban extended to Tinaya (already the son-in-
law of Justimbaste) a permanent appointment. This was initially disapproved, but Tinaya’s
mother-in-law, Mayor Justimbaste, appealed. Being the incumbent mayor, she was the chief of
Tinaya and deemed to have recommended him to Vice Mayor Luban to be appointed as
municipal assessor. This violated Sec 59 of the Civil Service Law1
❖ The word “relative” and members of the family referred to are those related within the
third degree either of consanguinity or of affinity.

DISPOSITION: Petition is granted.

1
SEC. 59. Nepotism: All appointments in the national, provincial, city and municipal governments or in any branch or instrumentality
thereof, including government-owned or controlled corporations, made in favor of a relative of the appointing or recommending
authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over him, are hereby prohibited.