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CIVIL SERVICE
coMMtssroN
Psrs sa taumBAYAN
ARAGONES, Hector Jr. S. Number: 140639
CASTILLO, Filipinas N.
REYES, Ronald V. 113 AUG 2014
Promulgated:
TEODUCIO, Ferdinand R.
Re: Disapproved Appointments
(Petition for Review)
X------------- ------------X

DECISION

Hector S. Aragones Jr., Filipinas N. Castillo, Ronald V. Reyes and Ferdinand R.

Teoducio, all of the Municipal Government of San Jose, Occidental Mindoro, file a Joint
Petition for Review from the Decision Nos. 14-0080 (ARAGONES, Hector, Jr.
S.), 14-0077
(CASTILLO, Filipinas_ N.), 14-0075 (REYES, Ronald V.) and 140074 gEooucIo,
Ferdinand R.), all dated March 25,2014 of the Civil Service Commission Regional
Office
(CSCRO) No. IV, Quezon City, affrrming the disapproval of their appJintments
as
Environment Management Specialist II, Supervising Administrative Officer, Municipal
Environment and Natural Resources Officer and Tourist Receptionist II, respectively,
by ihe
Civil Service Commission Field Office (CscFo)-Occidental Mindoro on Juiy 24,2013,,due
to disapproval of specific budget for newly created (positions) in the 2013 annual budget".

The dispositive portions of the assailed CSCRO No. IV Decisions, all dated March
-
25,2014 read, as follows:

"WHEREFORE,
_p!gyi!es- considered, the appeal of Hector S.
Aragones. Jr. is h3rebv DISMTSSED. The disapprorif oy his" pffiffi-onar
appointment as Environment Marngement spebiattst it
'Mindoro, 1sc_ts1, Lotcal
Government
_u"r-t of san Jose, ociidental by'the ii;ceo -
occidental Minloro effective July 24, 2013 is hereby AFFIRMED on the -
ground that no funds exist for the said position. " (Underlining ,uppli.a;-

xxx
"WHEREFO\E:_rylyile! considered, the appeal of Filipinas N.
castillo rs hereby- DTSMISSED._ The disapprovaf 'of he"r prffia
appointment
!!. supervising Administrativi- officer- 6sc_22/t1, Local
Government unit of s-an Jose, occidental Mtndoro by the Csceo _
occidental Minlorg effective Juty 24, 2013 is hereby AFFIRMED on the
ground that no funds exist for the said position. (tJnderiining ,uppf i.Oy -
-

xxx
"14/HEREF0RE. premises considered, the appeal of Ronald
v. Reves
.dis_approvar of his proiotioialopp
is DISMTSSED. The ,
-hereby
Municipal Environment and Natiral Rgiources officer
6G:24/I), L,ocal
Government
!"( of san Jose, occidental Mini6ro, by the iiceo- _
occidental Minlorg effective July 24,2013 is hereby AFFIRMED on the
ground that no funds exist for the said position.,,(Under lining supplied)

V
Aragones, H./Page 2 of6
x-----------

"WHEREFOfuE, premises considered, the appeal of Ferdinand R.

Teoducio ,s hereby DISMISSED. The disapproval of his permanent
appointment as Tourist Receptionist II (SC-10/l), Local Government Unit of
San Jose, Occidental Mindoro, by the CSCFO-Occidental Mindoro effective
July 24, 2013 is hereby AFFIRMED on the ground that no funds exist for the
said position. " (Underlining supplied)

Pertinent portions of the Joint Petition for Review of Aragones, et al., read, as
follows:

UIV.

*GROUNDS RELIED UPON FOR THIS PETITION FOR REVIEW

,,4.1. THE ASSAILED CSC.RO IV DECISIONS AFFIKMING THE
DISAPPROVAL MADE BY THE CSCFO-OCCIDENTAL MINDORO ON THE
APPOINTMENTS OF PETITIONERS ARE NOT SUPPORTED BY THE
EVIDENCE ON RECORD,
,,4.2. ERRORS OF I-4W AND IRREGULANTIES HAVE BEEN
COMMITTED PREJUDICAL TO THE INTEREST OF THE PETITIONERS.''

The facts of the case, as culled from the records are, as follows:

The Sangguniang Bayan (SB) of San Jose, Occidental Mindoro passed Ordinance No.
786, s. 2013 on January 29, 2013 entitled "Creating the Offices of the Municipal
Environment and Natural Resources Office (MENRO), Municipal Tourism and Community
Development Office (MTCDO), Municipal Human Resource Management Office (MHRMO)
and the General Services Office (GSO) with Conesponding Positions Under Said Offices and
Six (6) Other Positions in Six (6) Different Offices of the Local Government of San Jose,
Occidental Mindoro". Among those Offices that were created were those to which Aragones,
et al.belonged, such as the Municipal Environment and Natural Resources Office (MENRO),
the Municipal Tourism and Community Development Office (MTCDO), Municipal Human
Resource Management Office (MHRMO) and the General Services Office (GSO). Also
created were the corresponding positions under said offices.

On February 18, 2013, the Sangguniang Panlalawigan (SP)-Occidental Mindoro

passed Resolution No. 50, s. 2013, wherein it recalled its prior approval of the Annual Budget
CY 2013 of the Municipal Government of San Jose, on the ground that it would like to
consider the request of then Mayor Villarosa for the approval of the creation of said new
offices and positions prior to the approval of the annual budget, being an integral part thereof.

Pursuant to such request and after deliberation with the Committees on Local
Government, Finance and Human Resource, SP - Occidental Mindoro passed SP Resolution
No. 55, s. 2013 on March 4,2073, entitled "Approving Municipal Ordinance No. 786 Series
of 2013 of the Municipality of San Jose, Occidental Mindoro". The petitioners aver that
pursuant to such approval, the Municipality of San Jose published the created positions at the
CSCFO - Occidental Mindoro on March 5, 2013.
\ r

V
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Aragones, H./Page 3 of 6

Supposedly anchored on such approval, then Mayor Jose T. Villarosa issued the
subject appointments on March 2t,2013. This was after allegedly having complied with all
the requirements of Civil Service law and rules, including Budgetary Limitation Certification,
Certification of Availability of Funds by the Municipal Accountant and Certification of
Funds Appropriation by the Municipal Budget Officer, among others. Said appointments
were submitted to the CSCFO - Occidental Mindoro for attestation on March 27,2013.
These were the following:

Nature of Date of Date of

Appointee Position/SG
Appointment Aonointment Publication

Flector S. lnvironment March 5,2013

A.ragones, Jr. Management lromotion Vlarch 21,2013
SpecialistlV SG 15

Supervising
iilipinas N. March 5,2A13
A.dministrative ?romotion March 27,2013
lastillo
f,fficer/SG 22

Wunicipal
lnvironment and Vlarch 5,2013
lonald V. Reyes
rlatural Resources
Promotion March 2I,20I3
ffficer/SG 24

ierdinand R.
fourist Receptionist )riginal Vlarch 5,2013
feoducio vlarch 21,2013
III SG 10

However, the SP-Occidental Mindoro subsequently passed Resolution No. 85. s. 2013
on July 23, 2013. Although said resolution re-approved the 2013 Annual Budget of the
Municipal Government of San Jose, it explicitly disallowed the appropriations allocated for
the newly created positions under SB Ordinance No. 786. s.2013.

The pertinent portion of the said SangguniangPanlalawigan (SP) Resolution No. 85, s.
2013 provides, as follows:

xxx

"WHEREAS, afier thorough review and deliberation with the

Committee on Finance
ance thereoJ'Jinourably
thereof favourably recommendedfor thethe approval of
the Annual t CY 2013 of the Municipality of San Jose and that the
was disallowed
incorporated in their supplemental budget or in the 2014 Annual Budget o-f the
municinalitv.' I

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Aragones, H./Page 4 of 6
x---------------------x

"RESOLVED, as this Body hereby resolves, to approve as this Body

hereby reapproves Annual Budget--for Cy 2013 of the municipality (sic) of San
Jose, this province;(Underlining supplied by the CSCRO No. IV)

On the basis of such disallowance or, otherwise stated, due to disapproval of specific
budget for newly created positions in the 2013 annual budget, the CSCFO-Occidental
Mindoro disapproved the subject appointments on July 24,2013.

The petitioners, then, filed an Appeal from the disapproval of their appointments
before the CSCRO No. IV.

Meanwhile, on August 13, 2013, the Sangguniang Bayan of the Municipal

Government of San Jose, Occidental Mindoro adopted Resolution No. 2817, Series of 2013
entitled "Requesting the Sangguniang Panlalawigan to Declare with Finality its Passage and
Approval of the 2013 Annual Budget of San Jose, Occidental Mindoro as well as SB
Ordinance No. 786, Series Of 2013 Relating to Creation of Certain Office/s and Positions".
The petitioners, in their Memorandum continue to relate that on September 10,2013, Board
Member Ulysses P. Javier, Chairman of the Committee on Finance of the Sangguniang
Panlalawigan of Occidental Mindoro wrote incumbent San Jose Mayor Romulo Festin
referring Resolution No. 2817, series of 2013 for the latter's comments.

As above-quoted, the CSCRO No. IV issued Decision Nos. 14-0080 (ARAGONES,

H.S.), 14-0077 (CASTILLO, F. N.), 14-0075 (REYES, R.V.) and 140074 (TEODUCIO,
F.R.), all dated March 25,2014, affirming the disapproval of subject appointments by the
CSCFO-Occidental Mindoro on July 24, 2013 'odue to disapproval of specific budget for
newly created (positions) in the 2013 annual budget." Hence, this Petition for Review.

The sole issue for resolution is whether the affirmation by the CSCRO No. IV of the
disapproval of the subject appointments based on the above-mentioned ground is conect.

Based on the above premises, there can be no other interpretation other than that the
Annual Budget for CY 2013 of the Municipal Government of San Jose was reapproved by
the SP-Occidental Mindoro only in part, as the appropriations for the newly created positions
under SB Ordinance No. 786 were disallowed. Even subsequent verification with the
CSCFO-Occidental Mindoro confirmed that the appropriations for the newly created
positions, which included the positions of the herein subject appointees, were indeed
disallowed by the SP- Occidental Mindoro.

Moreover, a Certification issued on February lI, 2014 by Hon. Ulysses P. Javier,

Provincial Board Member and Chairman of the Committee on Finance, Occidental Mindoro,
stated, as follows:

"This is to certify that the appropriations for the newly created

positions incorporated in the Annual Budget FY 2013 of the Municipal
Government of San Jose, Occidental Mindoro were disallowed by the
SangguniangPanlalawigan in its Resolution No. 85, series of 201 3;

"This certifies further that the created positions mentioned above are
the following:
 Aragones, IL/Page 5 of 6
x!----________-__x

OFFICE SALARY ITEM NO. POSITION TITLE AMOT]NT

GRADE
MENRO 15 t87 Environment 269,776.00
Management Specialist II
MHRMO 22 t99 Supervising Administrative 460,644.00
Officer
MENRO 24 186 Municipal Environment 537,300.00
and Natural Resources Officer
MTCDO 10 t92 Tourist Receptionist II 186,360.00

XXX XXX xxx XXX xxx

The table referred to above, showed the positions, salary grades and amounts
included
those of Aragones, et al. Clearly disallowed, there would -be no appropriation
positions, and without appropriations there is nothing that would,'
for said
indied, support the
payment ofthe salaries affached to the same position. The same
cannot, thus, be fill.O up.

It should be emphasized that Rule V of Memorandum Circular No. 40 series of

1998 (Omnibus Rules on Appointments and Other Personnel Actions) provides,
as
follows:

ue. LGU Appointment. Appointments

in local government units for
submission to the Commission shall be o""o^ponfri, i" iaiitiiii""io in"
common requirements, by the following:
"i. Certification by the proper appointing authority that
s_uch appointment is issued ii accoidan"e ,tth tie
limitations providedfor under Section 325, M 7160.

"ii. c.ertificatiory by the Municipar/ city provinciar

_
Accountant/ B udget Offic er that funds are' av ail abl e.

xxx. "

While as discussed in the facts of the case, the above-mentioned requirements

may
have been submitted in support of the subject appointments, it cannot
be denied that a
subsequent event overtook the latter- the subsequeni passing by the
Sp-Occidental Mindoro
of Resolution No. 85' s.2013 on July 23,20ri. Althougilsaid resolution r"-upp.oved
the
2013 Annual Budget of tle Municipal Govemment of San Jose, it
explicitly disailowed the
appropriations allocated for the newly-created positions under SB Ordinance
No. 7g6, s.
2013.

Thus, the Commission, finds no error of law nor misinterpretation

of facts, nor any
other cogent reason to reverse the conclusion reached by the CSCFO-Occidental
Mindoro, as
affirmed by the CSCRO No. tV.
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Aragones, H.lPage 6 of 6
I:---_---------------X

Finally, Aragones, et al. are considered de facto officers and entitled to salaries and
other benefits appurtenant to the positions to which they were appointed from the time of the
issuance of their appointments up to the finality of the disapproval thereof. This is so
because the Municipal Government of San Jose relied in good faith on the SP-Occidental
Mindoro Resolution No. 55, s. 2013 dated March 4,2013, when issuing the appointments of
Aragones, et al., who on the basis of such appointments, performed the functions appurtenant
to their respective positions. Thus, they should be considered as de faclo officers for having
performed their duties under color of authority.

WIIEREFORE, the Joint Petition for Review of Hector S. Aragones, Jr., Filipinas N.
Castillo, Ronald V. Reyes and Ferdinand R. Teoducio, Municipal Government of San Jose,
Occidental Mindoro, is hereby DISMISSED. Accordingly, the Decision Nos. 14-0080
(ARAGONES, Hector, Jr. S.), 14-0077 (CASTILLO, Filipinas N.), 14-0075 (REYES,
Ronald V.) and 140074 (TEODUCIO, Ferdinand R.), all dated March 25,2014 of the Civil
Service Commission Regional Office (CSCRO) No. IV, Quezon City, affirming the
disapproval of their appointments as Environment Management Specialist II, Supervising
Administrative Officer, Municipal Environment and Natural Resources Officer and Tourist
Receptionist II, respectively by the Civil Service Commission Field Office (CSCFO)-
Occidental Mindoro on July 24, 2013 o'due to disapproval of specific budget for newly
created (positions) in the 2013 annual budgef', are AFFIRMED.

A copy of this Decision shall be furnished the Commission on Audit-Municipal

Govemment of San Jose, Occidental Mindoro, for its reference and appropriate action.

Quezon City.

NIEVES L. OSORIO
Commissioner

ROBERT S.

Attested by:

Q^*r> /. (L'*r^^},,
OLORES B. BONIFACIO
Director IV
Commission Secretariat and Liaison Office
OLA1/ Y35 (volt I I 6-icms07 I 4.cslo.bernie
Aragones, Hector et al.
Inv. Appointment
(APPEAL, Petfor Rev)
NDC-2014 -0st22
Doc# 20140624-137
20 140s23-128