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JALBUENA, Ernesto N. Number: 140?19

Re: Nepotism
a5 StP ?014
(Petition for Review) Promulgated:
(2014060e-226)
x--------------

DECISION

Jose R. Ladiana, a resident of City Hall Annex Compound, Barangay Isabang, Lucena
City, files an appeal (treated as petition for review) from the Decision No. 13-0155 dated
December 20, 2013 of the Civil Service Commission Regional Office (CSCRO) No. IV,
Quezon City, dismissing his complaint for Nepotism against Emesto N. Jalbuena, then
Secretary, Sangguniang Panlungsod (herein refened to as Sanggunian), City Government of
Lucena, for lack ofjurisdiction.

The dispositive portion of the CSCRO No. IV Decision No. 13-0155 dated December
20,2013 reads, as follows:

"WHEREFORE, premises considered, the instant case against

Ernesto N. Jalbuena is hereby DISMISSEDfoT lack ofjurisdiction."

In his petition for review, Ladiana argued, as follows:

"That, now, the sole issue is the Decision Number 13-0155 dated
December 20, 2013, promulgated by the CSCRO No. IV, dismissing the
complaint against Jalbuena citing Lack of Jurisdiction in view of his
mandatory retirement;

"That, contrary to the above-mentioned Decision by the CSCRO No.

IV, the Commission had not lost its jurisdiction over this case since the filing
of the Complaint against Jalbuena is prior to his retirement as in the case of
retired PNP Chief Jesus Verzosa the highest-rankingpolice official implicated
in the rubber boat scam. xxx;

"That, Dismissing this case against Jalbuena thru technicality, will set
a bad precedent as this case is being watched by rank-and-file employees at
the LGU-Lucena if it will prosper in court;

InaR.A.C.E. toServe:Responsive,Accessible,CourteousandEffictivePubh.cService

E CSC Building, IBP Road, Constitution Hills, 1126 Quezon Ciry . 6l %1-79351931-79391931-8092. El cscphil@webmail.csc.gov.ph . rg www.csc.gov.pl
JALBUENA, E.
Page 2 of4
x-------------------x

"WHEREFOfuE, in view of the foregoing, the Complainant most

respectfully prayed that the Decision promulgated by CSCRO No. IV dated
December 20, 2013, be reversed/set aside and let this case be Decided based
on its merits. "

The instant case stemmed from the following facts:

Jose R. Ladiana filed a complaint dated October 9,2009 before the CSCRO No. IV
against Jalbuena for Nepotism in connection with the appointments of the latter's sister Ma.
Paciencia Jalbuena-Lozada, as Computer Operator II; son Jayrold E.Y. Jalbuena, as Tourism
Operation Assistant; and daughter-in-law Consuelo P. Jalbuena, as local legislative
employee, all of the City Govemment of Lucena, Quezon. In his complaint, Ladiana alleged
that Jalbuena used his position and influence as Sanggunian Secretary to cause the
appointment of said relatives to various positions in the Sanggunian. He alleged that
Jalbuena's act is nepotic because he had immediate supervision over the person of his sister,
Ma. Paciencia, and that he is the recommending authority of his son, Jayrold, and daughter-
in-law Consuelo, contrary to existing Civil Service Rules and Regulations.

Asked to
comment, Jalbuena denied that he is neither the appointing nor the
recommending authority of his sister, son and daughter-in-law. He also belies the allegation
that he exercised immediate supervision over them considering that it is not among his
functions as Sanggunian Secretary. In addition, he stressed that the City Vice-Mayor is the
head of the Sanggunian pursuant to Section 456 of the Local Govemment Code of 1991,
thus, the Vice-Mayor is the appointing authority of his relatives.

In the Decision No. 11-0371 dated October 14,2011, the CSCRO No. IV dismissed
Ladiana's complaint against Jalbuena for lack of jurisdiction. Thereafter, Ladiana filed a
motion for reconsideration, which was referred to the Commission as a petition for review.

In the CSC Resolution No. 12-01765 dated October 12, 2012, the Commission
formally charged Jalbuena with Nepotism in connection with the appointments of his son
Jayrold and daughter-in-law Consuelo. However, for failure to establish that Jalbuena was the
appointing or the recommending authority of his sister Ma. Paciencia, the complaint against
Jalbuena for Nepotism was dismissed. Consequently, the CSCRO No. IV was directed to
proceed with the formal investigation of the case against Jalbuena relative to the
appointments of his son and daughter-in-law.

On January I0, 2013, Jalbuena submitted his answer, where he denied the charge
against him, and alleged that he was already compulsorily retired from the government
service as of August 5, 2010. In addition, he claimed that his son Jayrold and daughter-in-law
Consuelo are no longer in the govemment service.

Jalbuena failed to appear in all the scheduled hearings despite due notice.
JALBUENA, E.
Page 3 of4
x-------------------x

In the assailed Decision No. 13-0155 dated December 20,2013, the CSCRO No. IV
dismissed the charge for Nepotism against Jalbuena on the ground of lack of jurisdiction in
view of his compulsory retirement effective August 5,2010. Hence, the instant petition for
review.

The sole issue in this case is whether the petition for review is impressed with merit.

As borne by the records, the complaint of Ladiana was dismissed for lack of
jurisdiction in view of Jalbuena's retirement on August 5, 2010. It appears, however, that
Ladiana's complaint was filed on October 9,2009, which was prior to Jalbuena's retirement.
In fact, Jalbuena was able to file his comment to the complaint while he was still in service
such that jurisdiction over his person was acquired already even prior to his retirement which
continues until resolution. As such, there is no basis to dismiss Ladiana's complaint for want
ofjurisdiction considering that atthat time of the filing of the complaint against Jalbuena, he
was still in government service. Thus, the Commission will have to resolve the instant case
based on the merits.

Applicable to the case at bar is Section 9, Rule XIII of the Omnibus Rules on
Appointments and Other Personnel Actions which states:

"In the local government career service, the prohibition extends to the
relatives of the appointing or recommending authority, within the fourth civil
degree of consanguinity or affinity. " (Emphasis supplied)

Also, Section 79 of the Local Government Code of 1991 provides:

"No person shall be appointed in the career sewice of the local

government if he is related within the fourth civil degree of consanguinity or
affinity to the appointing or recommending authority. " (Emphasis supplied)

The foregoing provisions provide that nepotism exists when: (a) the appointee was
appointed in the career service of the local government; and (b) the appointment was issued
to a relative within the fourth degree of consanguinity or affinity of the appointing or
recommending authority.

In the present case, while records show that Jalbuena was the recommending authority
to his relatives within the fourth degree of consanguinity or affinity in the persons of Jayrold
and Consuelo, the appointments extended to them were casual. Thus, their appointments do
not belong to the career service. Consequently, Jalbuena could not be held liable for
Nepotism.

Based on the foregoing discussion, the Commission finds no substantial evidence to

hold Jalbuena liable for the offense of Nepotism.
JALBUENA, E.
Page 4 of4
x-------------------x

WHEREFORE, the petition for review of Jose R. Ladiana, a resident of City Hall
Annex Compound, Barangay Isabang, Lucena City, is hereby DISMISSED. Accordingly, the
Decision No. 13-0155 dated December 20,2013 of the Civil Service Commission Regional
Office No. IV, Quezon City, dismissing his complaint for Nepotism against Emesto N.
Jalbuena, then Secretary, Sangguniang Panlungsod, City Govemment of Lucena, Province of
Quezon, is AFFIRMED.

Quezon City.

NIEVES L. OSORIO
Commissioner

T. DUQUE III

Attested by:

DOLO

Commission Secretariat and Liaison Office

OL A3 N 47 I jca3 63lC S Loltisha

Doc No. 20140609-226
/jalbuena' d(Pet4Rev-Nepotism)Restudy