Villegas vs Subido

FACTS:

Subido, Commissioner of Civil Service Commission, respondent directed

the Mayor of the City of Manila, petitioner, to replace the other petitoners
as station commanders of the police precints as their continued
employment was illegal. Respondent Commissioner averred that the three
designated station commanders lack “an Inspector First Class (Police
Detective Major) as this is not in conformity with the recommendation of
the U.S. Agency for International Development, and there were eligibles
who are qualified who could be designated. Petitioner Mayor interposed
that there is no provision in the law requiring such qualification and such
designation or detail was exclusively within the power of him as Mayor
under his specific power of direction, supervision and control.

ISSUE:

Whether or not respondent acted with grave abuse of dicretion amounting

to lack or excess of jurisdiction when he assert that designated station
commanders lack eligibility?

RULING :

Yes, the respondent acted with grave abuse of discretion.

There is no provision in the law that confer the respondent with such
power. Respondent’s inference that fixing of appropriate eligibilities is
under the enforcement of the Civil Service Act and he has exclusive
jurisdiction to do such is not correct. The power to fix appropriate elibilities
belongs to the Congress.

There is no presumption of the government agencies to discharge

funcions and responbilities that were not entrusted to them. There must be
a delegation of such authority, either express or implied. In the absence of
valid grant, they are devoid of power.