Anzaldo vs Clave

GR L-54597 15 December 1982

Facts: The Science Research Supervisor II position was vacant and both Dr Felicidad
Anzaldo and Dr Eulalia Venzon were next-in-rank for the said position. Venzon was
recommended for the position to w/c Anzaldo protested. The position was not filled
up until NIST OIC appointed Anzaldo to that position. The same was approved by
Civil Service Commission. Venzon contested this and appealed to the Office of the
President. This protest was sent to Civil Service Commission and was decided in
favour of Venzon by Chairman Jacobo Clave. Anzaldos motion for reconsideration
was denied and she appealed to Office of the President to w/c Clave is concurrently
Presidential Executive Assistant. Appeal was revoked and ruled as as
recommended by the Civil Service Commission.

Issue: Whether or not Clave denied due process to Anzaldo on the ground of grave
abuse of discretion?

Decision: Decision of respondent set aside and Anzaldos appointment declared

valid. Due process of law means fundamental fairness. It is not fair to Anzaldo that
Presidential Executive Assistant Clave should decide whether his own
recommendation as Chairman of the Civil Service Commission, as to w/c doctor
should be appointed for the position, should be adopted by the President of the
Philippines. Common sense and propriety dictate that the commissioner in the Civil
Service Commission, who should be consulted by the Office of the President, should
be a person different from the person in the Office of the President who would
decide the appeal of the protestant in a contested appointment.