Osea V. Malaya.docx

SUMMARY: Petitioner Osea filed a protest case with the CSC, claiming that she was appointed as Schools Division Superintendent (SDS) of Camarines Sur by Department of Education, Culture, and Sports (DECS) Secretary Ricardo Gloria (and endorsed by the Provincial School Board of CamSur). But despite this, President Ramos appointed Respondent Malaya as SDS of CamSur without prior consultation with the Provincial School Board, allegedly in violation of Sec. 99 of the LGC. As such, Osea prayed that Malaya’s appointed by set aside. CSC and CA held in favor of Malaya. SC Confirmed. Osea has no vested right to the position, since she was not appointed to such. LGC 99 applies only to appointments made by the DECS. In this case, the appointment of Malaya, pursuant to a Career Executive Service memo, was made by the President. Thus, LGC 99 does not apply. Osea’s designation as Officer in Charge, SDS was merely temporary.

FACTS:  Nov. 20, 1997: Petitioner Dr. Eleanor Osea filed a Protest Case with the Civil Service Commission (CSC). o She averred that she was appointed as Officer in Charge, Assistant Schools Division Superintendent (SDS) of Camarines Sur by Secretary Ricardo Gloria of the Department of Education, Culture, and Sports  Endorsed by the Provincial School Board of CamSur o But despite the “recommendation”, President Ramos appointed Respondent Dr. Corazon Malaya to the position.  Malaya was then SDS of Iriga City  Said appointment was made without prior consultation with the Provincial School Board, in violation of Sec. 991 of the LGC o Osea prayed that Malaya’s appointment be recalled and set aside for being null and void.  Mar. 31, 1998: CSC dismissed the protest/complaint. o Found that on Sep. 13, 1996, President Ramos appointed Malaya, then OIC SDS of Iriga City, as SDS without any specific division  Thus she performed as SDS in Iriga City o Later, on Nov. 3, 1997, Secretary Gloria designated Malaya as SDS of CamSur and Osea as SDS of Iriga City o CSC held that LGC 99 contemplates a situation where the DECS issues the appointments o In this case, the appointment was made by no less than the President in the exercise of his appointing power o Also, the designations of Malaya and Osea were in the nature of reassignments, in which case consultation with the local school board was unnecessary 1

SEC. 99. Functions of Local School Boards. - The provincial, city or municipal school board shall: (a) Determine, in accordance with the criteria set by the Department of Education, Culture and Sports, the annual supplementary budgetary needs for the operation and maintenance of public schools within the province, city or municipality, as the case may be, and the supplementary local cost of meeting such needs, which shall be reflected in the form of an annual school board budget corresponding to its share in the proceeds of the special levy on real property constituting the Special Education fund and such other sources of revenue as this Code and other laws or ordinances may provide; (b) Authorize the provincial, city or municipal treasurer, as the case may be, to disburse funds from the Special Education fund pursuant to the budget prepared and in accordance with existing rules and regulations; (c) Serve as an advisory committee to the sanggunian concerned on educational matters such as, but not limited to, the necessity for and the uses of local appropriations for educational purposes; and (d) Recommend changes in the names of public schools within the territorial jurisdiction of the local government unit for enactment by the sanggunian concerned. The Department of Education, Culture and Sports shall consult the local school board on the appointment of division superintendents, district supervisors, school principals, and other school officials. (Highlighted pertinent part)

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Osea filed an MR; denied Osea filed a petition for review with the CA; dismissed Osea filed a petition for review on certiorari with the SC

ISSUES: (1) Who is the proper appointed SDS of CamSur? Malaya (1.A) WoN LGC 99 applies in this case. (NO) (2) WoN Osea had a vested right to the position of SDS of CamSur. (NO) HELD: (1) Malaya is the proper appointed SDS of CamSur. (1.A) No, LGC 99 does not apply in this case.  LGC 99 applies to appointments made by the DECS.  At the time of the enactment of the LGC, SDSs were appointed by the DECS to a specific division or location  In 1994, the Career Executive Service Board issued Memo Circular No. 21, Series of 1994, placing the positions of SDS and Assistant SDS within the career executive service.  Consequently, the power to appoint persons to career executive service positions was transferred from the DECS to the President. o The appointment may not be specific as to location o The prerogative to designate the appointees to their particular stations was vested in the DECS pursuant to DECS Order No. 75, Series of 1996 o (Note that Malaya’s appointment was made in 1996)  In this case, President Ramos’ appointed Malaya, but did not specify her station.  It was Secretary Gloria who assigned and designated Malaya to CamSur, and Osea to Iriga City.  SC agrees with the CSC and the CA that the designation of Malaya (by Secretary Gloria) was not a case of appointment. (Since she was already “appointed” by President Ramos) o Her designation partook of the nature of a reassignment from Iriga City. o Clearly, LGC 99 does not apply. o The court used the plain meaning rule or verbal legis. (2) No, Osea has no vested right to the position of SDS of CamSur.  Appointment should be distinguished from reassignment: o Appointments are defined as the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office.  When completed, usually with its confirmation, appointment results in security of tenure for the person chosen unless he is replaceable at pleasure because of the nature of his office. o Reassignment is merely a movement of an employee form one organizational unit to another in the same department or agency which does not involve a reduction in rank, status, or salary and does not require the issuance of an appointment.  Osea asserts a vested right to the position of SDS of CamSur, citing her endorsement by the Provincial School Board.  Her qualification to the office, however, lacks one essential ingredient: her appointment thereto.  Her recommendation by Secretary Gloria to President Ramos for appointment was not acted upon by the President.  Osea’s designation was, at best, temporary.

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Her designation as OIC Assistant SDS was expressly made subject to further advice from the DECS. In fact, there was a need to recommend her to the President for appointment in a permanent capacity.

DISPOSITION: Petition denied. CSC and CA affirmed.