G.R. No. 124374 – G.R. No. 126354 -G.R. No. 126366 – 378 Phil. 466 – 320 SCRA 703 – 117 SCAD 352 – Law on Public Officers – Appointment in the Local Government – Appointing Power Cannot be Usurped by CSC
In November 1972, Presidential Decree No. 51 was signed into law. PD 51 created a Civil Service Unit (CSU) office in cities. Pursuant to said law, then Quezon City mayor Brigido Simon appointed officers in the QC-CSU. Meanwhile, an ordinance in QC was passed providing, among others, that the personnel of the CSU shall be automatically absorbed into the QC Department of Public Order and Safety (QC-DPOS). During the term of the next mayor, Ismael Mathay, Jr., it was determined that PD 51 never became a law because it was never published. Mathay then did not renew the contracts of the QC-CSU personnel, at the same time, they were not reappointed to the QC-DPOS. Mathay was then sued by the QC-CSU personnel before the Civil Service Commission (CSC). Eventually, the CSC Commissioner ruled that based on the QC ordinance, Mathay should reinstate the CSU-personnel to QC-DPOS.
ISSUE: Whether or not the decision of the CSC Commissioner is correct.
HELD: No. The ordinance is invalid for when it provided for automatic absorption of the QC-CSU personnel to the QC-DPOS, it divested the mayor the power to choose as to who should fill said office. Just like in the national government, the local sanggunian can only create an office, it cannot choose the personnel who should fill such office – that is a power vested in the local chief executive (mayor). This is also clearly provided for in the Local Government Code. The power to appoint is vested in the local chief executive. The power of the city council or sanggunian, on the other hand, is limited to creating, consolidating, and reorganizing city officers and positions supported by local funds. The city council has no power to appoint. Had Congress intended to grant the power to appoint to both the city council and the local chief executive, it would have said so in no uncertain terms.
On the other hand, the CSC Commissioner cannot order the mayor to reinstate the QC-CSU personnel to the QC-DPOS. Such would be an encroachment of the mayor’s right to choose as to who should be appointed. Further, the CSU never came into existence for it has no legal basis to speak of. It created no right hence the QC-CSU cannot invoke any. It is axiomatic that the right to hold public office is not a natural right. The right exists only by virtue of a law expressly or impliedly creating and conferring it.
