Cerilles vs. CSC, G.R. No. 180845, Nov.

22, 2017

ISSUE: Was the reorganization of the Province of Zamboanga del Sur tainted with bad faith?

RULING: YES

First,  as initially observed by the CSCRO, no less than ninety-six (96) of the appointments made
by Gov. Cerilles violated the rule on preference and non-hiring of new employees embodied in
Sections 4 and 5 of the said law.

Second, Respondents were replaced by either new employees or those holding lower positions
in the old staffing pattern - circumstances that may be properly appreciated as evidence of bad
faith pursuant to Section 2 and Section 4 of RA 6656.

Further, in the case of Pan, the Court once again found that the appointment of new employees
despite the availability of permanent officers and employees indicated that there was no bona
fide reorganization by the appointing authority.

Moreover, the Court notes that the positions of Respondents were not even abolished.
However, instead of giving life to the clear mandate of RA 6656 on preference, Gov. Cerilles
terminated Respondents from the service and forthwith appointed other employees in their
stead. Neither did Gov. Cerilles, at the very least, demote them to lesser positions if indeed
there was a reduction in the number of positions corresponding to Respondents' previous
positions.