RENATO M. LAPINID, vs. CIVIL SERVICE COMMISSION, PHILIPPINE PORTS AUTHORITY and JUANITO JUNSAY.
- G.R. Number: G.R. No. 96298
- Promulgated: 1991-05-14
- Ponente: Cruz, J.
Doctrine
Under the Decree, the Civil Service Commission's power is limited to approving appointments where the appointee possesses appropriate civil service eligibility or required qualifications, and disapproving otherwise; it may not substitute a 'better qualified' person.
The Civil Service Commission must follow the Court's consistent rulings (e.g., Luego) and failure to comply after this decision will be treated as contempt of Court.
Facts
Petitioner Renato M. Lapinid was appointed Terminal Supervisor at the Manila International Container Terminal on 1 October 1988; his appointment was protested by Juanito Junsay who claimed preferential right to the position.
The Civil Service Commission acted on the protest and issued Resolutions dated 14 February 1990, 25 May 1990, 17 August 1990, and 19 October 1990, which the Court later reviewed.
The Court found repeated disregard by the Civil Service Commission of the Court's consistent ruling on the issue, prompting this petition and rebuke to the Commission.
Issues
Whether the Civil Service Commission is authorized to disapprove a permanent appointment on the ground that another person is better qualified and to order replacement on that basis.
Ruling
No. The Court held the Commission may only determine whether an appointee possesses the appropriate civil service eligibility or required qualifications; other criteria such as being 'better qualified' may not be employed. The CSC Resolutions are reversed and set aside; the TRO is made permanent.
The Court ordered the Civil Service Commission to desist from departing from the doctrine in Luego and subsequent cases and warned that future departures will be treated as contempt.
Keywords
G.R. No. 96298, Civil Service Commission, Philippine Ports Authority, Luego v. Civil Service Commission, appointment, discretionary power, qualifications required by law, political question, appointing authority, functus officio, Central Bank v. Civil Service Commission, 171 SCRA 744, Santiago v. Civil Service Commission, 178 SCRA 733, Gaspar v. Court of Appeals, Civil Service Law, attest to the appointment, revocation of appointment, encroachment on discretion, Department Head, banc minute resolution, private