473 Phil. 844
CALLEJO, SR., J.:
In this case, it is clear that Ong does not meet the educational qualification for the position of Executive Assistant IV. However, considering that Ong has to her credit 65 units leading to a Bachelor’s degree and that the said position is coterminous with the appointing authority and belongs to his confidential/personal staff, the proposed appointment of Ong may be allowed under Coterminous Temporary status.However, on February 6, 1996, Director Nelson Acebedo of the CSC National Capital Region (NCR) issued a post audit report on the issuance of Ong’s appointment made on July 1, 1995, and invalidated the same. A motion for reconsideration was filed, stressing, among others, that the Department of Budget Management (DBM) allowed the POEA to create such a position not earlier than July 1, 1995 and that no less than the petitioner itself approved the appointment under a coterminous temporary status. Upon the instructions of Director Acebedo, the effectivity of Ong’s appointment was changed from July 1, 1995 to November 2, 1995.[6]
WHEREFORE, the instant request of Administrator Felicisimo O. Joson, Jr. is hereby granted. Accordingly, the appointment of Priscilla E. Ong to the position of Executive Assistant IV, POEA, may be approved under Coterminous Temporary status.[5]
5. Liability of Appointing Authority and Other OfficersThe respondent filed a motion for reconsideration, averring that Ong was appointed to a newly-created position which does not require any such authority from the petitioner. The respondent emphasized in his motion that the DBM approved the creation of the position for Ong. He asserted that, if at all, it is the POEA who should be liable under the principle of quantum meruit since the latter was the one benefited. Thus:a. The appointing authority shall be personally liable for the salary of appointees whose appointments have been disapproved for violation of pertinent laws such as RA 7041 and RA 7430. [9]
Admittedly, the herein movant requested an Authority to fill the said position which was not necessary under the premise since the position involved was a newly created position. In the first place, the Department of Budget and Management through the Director of CPCB granted the request for the creation of said position due to the dire need and necessity of said provision. POEA could not have transgressed any provision of RA 7430 and its implementing rules when POEA appointed Ms. Ong to the said newly created position on July 1, 1995….On June 8, 1998, the petitioner issued Resolution No. 981399 denying the respondent’s motion for reconsideration.[11] It affirmed its ruling that the effectivity date of Ong’s appointment should be reckoned from November 2, 1995 when it granted the authority to the respondent to fill the position, and not July 1, 1995 as asserted by the respondent. It also declared that Ong’s appointment was not included in the POEA’s Report on Personnel Action (ROPA) submitted to the petitioner for the month of July 1995:
… POEA should pay Ms. Ong for her services since POEA was the one benefited not the herein movant in his personal capacity. The principle of quantum meruit dictates that not only is the one who rendered services who should paid (sic) but equally important, is that the one benefited from such services must be the one who should pay the services. If the herein movant would be made personally liable to pay for her services, just the same, it is tantamount to unjust enrichment on the part of the government at the movant’s expense…[10]
POEA, as an accredited agency is mandated by CSC rules to submit within fifteen (15) days of each ensuing month to the Civil Service Regional office of Field Office concerned two copies of Monthly Report on Personnel Action, together with certified true copy of appointments acted upon (Item, 2.2.7, Rule V, CSC Memorandum Circular No. 27, s. 1994). In the instant case, POEA failed to comply with this rule when it did not include the appointment of Ong in its July ROPA.[12]The petitioner also held that the POEA only submitted Ong’s appointment in its ROPA for the month of November 1995. Such belated report rendered the appointment in July ineffective.[13] The petitioner concluded that there was clearly no legal basis for the payment of Ong’s salary prior to November 2, 1995, and that the principle of quantum meruit invoked by the respondent was not applicable.
WHEREFORE, the CSC Resolution No. 981399 dated June 8, 1998 is hereby clarified. Accordingly, the payment of salaries, benefits and other emoluments from July 1, 1995 to October 30, 1995 of Priscilla Ong, whose appointment was in violation of R.A. 7430 (Attrition Law), shall be the personal liability of then Administrator Felicisimo O. Joson.[14]The respondent filed a motion for reconsideration of the resolution. The petitioner treated the pleading as a second motion for reconsideration, and denied the same in Resolution No. 001956 dated August 30, 2000, in this wise:
WHEREFORE, the second Motion for Reconsideration of Felicisimo O. Joson, Jr. is hereby DENIED. Accordingly, the CSC Resolution No. 974094 dated October 16, 1997 stands.[15]The petitioner filed another motion seeking for the reconsideration of the CSC Resolution No. 991839 pointing out that Ong may be considered a de facto public officer who is entitled to the payment of salaries for actual services rendered. The CSC outrightly denied the motion in CSC Resolution No. 002778 dated December 13, 2000:
WHEREFORE, the instant motion for reconsideration is hereby DENIED for lack of merit. Consequently, CSC Resolution No. 991839 dated August 17, 1999 stands. This case is considered closed and terminated.[16]Unfazed, the respondent appealed the CSC resolutions to the Court of Appeals. On August 12, 2002, the CA rendered the assailed judgment in favor of herein respondent, ruling that Ong was considered a de facto officer and is entitled to the payment of her salary. The dispositive portion of the decision reads as follows:
WHEREFORE, in view of the foregoing, the instant petition for review is hereby GRANTED. Resolution No. 002778 dated 13 December 2000 rendered by public respondent Civil Service Commission, denying payment of Miss Priscilla Ong’s compensation from 1 July 1995 to 31 October 1995, is hereby SET ASIDE.[17]Hence, this petition for review on certiorari raising the lone issue that:
THE COURT OF APPEALS GRAVELY ERRED IN HOLDING THAT PRISCILLA ONG IS ENTITLED TO PAYMENT OF HER SALARIES FROM THE GOVERNMENT FOR BEING A DE FACTO OFFICER.The petitioner maintains that Ong cannot be entitled to the payment of salary prior to November 2, 1995 because of the following: (a) Ong did not possess the necessary qualification for the position; (b) her appointment was made in violation of the Civil Service Law and its rules; (c) there was no prior authority to appoint, in violation of Rep. Act No. 7430; and, (d) the appointment was not reported in the July ROPA, making such appointment ineffective.
Except as otherwise provided herein, a person who meets all the requirements of the position including the appropriate civil service eligibility shall be appointed to a position in the first and second levels. However, when the immediate filling of a vacancy becomes necessary, taking into account the public interest, and a person with an appropriate civil service eligibility is not actually and immediately available, a person without the appropriate civil service eligibility but who meets the other requirements of the position may be appointed. His appointment shall be temporary for a period of not more than twelve (12) months and he may be replaced at any time with one who has an appropriate civil service eligibility.In approving the appointment of Ong, the petitioner took into account the exigency and urgency of filling up the position of Executive Assistant, as embodied in the letter of the respondent for exemption from MC No. 38:
Our request for exemption from MC # 38 series of 1993 is anchored on the fact that I have no regular holder of an Executive Assistant, although it is included in the POEA budget. As earlier mentioned in our letter-request, as the administrationship of POEA keeps on changing, the Executive Assistant post remains attached to another employee who can not be asked to vacate the post because of the security of tenure of the incumbent at the time the Executive Assistant post was declared confidential in nature. We recognize and support the reason behind the promulgation of CSC MC # 38 series 1993. However, please consider the circumstances behind this request for exemption. Ms. Ong has been the holder of the position since my appointment last July 1992 under the Ramos government.The respondent reiterated the urgency of Ong’s appointment in his letter-request for the payment of Ong’s salary:
May I reiterate that the position of Ms. Ong is temporary in nature and co-terminous with my term. Moreover, she is now enrolled at the CAP College taking up BS in Business Administration.[20]
… Please note that the Office of the Administrator is the center of all communications coming in and out of POEA as well as the focal point of all major activities whether internal or external concerns. As such, the smooth operations of this office would not have been possible without the able and dedication of Ms. Ong who faithfully discharged her gargantuan duties as Executive Assistant to the highest official of POEA. It would be an injustice to Ms. Ong if she is not properly compensated for a job very well done especially in such a sensitive position.[21]With the foregoing, it can not be said that for want of a college degree as required under MC No. 38, s. 1993 for confidential/personal positions, Ong’s appointment was in contravention of the CSC Law and its rules. While it is conceded that the respondent intended the appointment of Ong to be contractual only, the petitioner approved the same in Resolution No. 956978, under a Coterminous-Temporary status. The appointment of Ong on July 1, 1995, is, therefore, valid.
SECTION 3. Attrition. – Within five (5) years from the approval of the Act, no appointment shall be made to fill vacated positions in any government office as a result of resignation, retirement, dismissal, death or transfer to another office of an officer or employee: Provided, however, That this prohibition shall not apply in the following instances:In CSC Resolution No. 974094, the petitioner denied the respondent’s motion for the POEA to pay Ong’s salary based on the second to the last paragraph of Section 3, viz:
(a) Where the position is head of a primary organic unit such as chief of division; (b) Where the position is the lone position in the organizational unit and it corresponds to a particular expertise that is intrinsic to the desired basic capability of the unit concerned;(c) Where the positions are basic positions for the initial operations of newly created or activated agencies or, in the case of other agencies, where the positions are vital and necessary for the continued and efficient operation of said agencies; (d) Where the positions are difficult to fill considering the qualifications required therefore, as in the case of doctors, lawyers and other professionals; (e) Where the positions are found in agencies declared to be understaffed; (f) Positions in Congress or in the Judiciary; (g) Appointments or designations extended by the President; (h) Where the positions are found in local government units; (i) Teaching personnel; and (j) Where the replacement come from existing employees.
Provided, further, That the exemptions from this prohibition shall require authorization by the Civil Service Commission; Provided, finally, That no appointment shall be issued by the appointing authority nor approved by the Civil Service Commission without said authorization.[22]
Appointments made in violation of this Act shall be null and void.
The Commission further finds no merit in the request because of the mandatory provision of Republic Act 7430 (Attrition Law) which states as follows:But even a cursory reading of Section 3 of Rep. Act No. 7430 will readily show that it applies only to appointments to fill vacant position in a government office as a result of resignation, retirement, dismissal, death, or transfer to another office of an officer or employee within five years from the approval of the law. Under the law, attrition is defined as the reduction of personnel as a result of resignation, retirement, dismissal in accordance with existing laws, death or transfer to another office.[24]
No appointment shall be made to fill up a vacancy unless an authority has been granted by the Commission.[23]
An appointment issued in accordance with pertinent laws and rules shall take effect immediately upon its issuance by the appointing authority, and if the appointee has assumed the duties of the position, he shall be entitled to receive his salary at once, without awaiting the approval of his appointment by the Commission. The appointment shall remain effective until disapproved by the Commission. In no case shall an appointment take effect earlier than the date of its issuance.[33]MC No. 38, s. 1993, likewise reads:
7. Effectivity of AppointmentMoreover, the Court of Appeals took note of CSC Resolution No. 953263 dated May 23, 1995 which states, thus:
a. The effectivity of an appointment shall be the date of actual assumption by the appointee but not earlier than the date of issuance of the appointment, which is the date of signing by the appointing authority.b. No appointment shall be made earlier than the date of issuance, except in the case of change of status in view of qualifying in written examination, the effectivity of which is the date of release of the result of the examination. However, the issuance of such appointments shall be within the period of the temporary appointment or provided the temporary appointment has not yet expired…
… If the appointment was disapproved on grounds which do not constitute a violation of the civil service law, such as the failure of the appointee to meet the Qualification Standards (QS) prescribed for the position, the same is considered effective until disapproved by the Commission or any of its regional or field offices. The appointee is meanwhile entitled to payment of salaries from the government. Furthermore, if a motion for reconsideration or an appeal from the disapproval is seasonably filed with the proper office the appointment is still considered to be effective. The disapproval becomes final only after the same is affirmed by the Commission.[34]IN LIGHT OF ALL THE FOREGOING, the petition is DENIED. The assailed Decision of the Court of Appeals, insofar as it is consistent with this Decision, is AFFIRMED.
(1) Elective officials and their personnel or confidential staff;Sec. 27. Employment Status. - Appointment in the career service shall be permanent or temporary.
(2) Secretaries and other officials of Cabinet rank who hold their positions at the pleasure of the President and their personal or confidential staff(s);
(3) Chairmen and members of commissions and boards with fixed terms of office and their personal or confidential staff;
(4) Contractual personnel or those whose employment in the government is in accordance with a special contract to undertake a specific work or job, requiring special or technical skills not available in the employing agency, to be accomplished within a specific period, which in no case shall exceed one year, and performs or accomplishes the specific work or job, under his own responsibility with a minimum of direction and supervision from the hiring agency;
(5) Emergency and seasonal personnel.