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Psra sa laumEAYAN

DAKIWAG, Bradiner M. Number: 1408C8

MACLINIC, Robert C.
BANASAN, Ventura P. Promulgated: ix 6 OcT 2014
FULGAON' John T.
BUCATAN, Ruth
OPOLINTO, Sherry Rose
JIMENBZ' Fermin
APSONG, Elmer
Re: Invalidated Appointments
(Petition for Review)
(NDC-2014-0s003)
x-------- ---x

DECISION

Bradiner M. Dakiwag, Engineering Aide (SG a); Robert C. Maclinic, Administrative

Aide (Driver II) (SG 4); Ventura P. Banasan, Tax Mapping Aide (SG a); John T. Fulgaon,
Engineer I (SG 12); Ruth Bucatan , Barangay Health Aide (SG 4); Sherry Rose Opolinto,
Laboratory Aide (SG 4); Fermin Jimenez, Laborer I (SG i); and Elmer Apsong, Utility
Worker I (SG 1); all appointees .at the Municipal Government of Paracelis, Mountain
Province, files an appeal (treated as Petition for Review) from the Decision dated March 20,
2014 of the Civil Service Commission-Cordillera Administrative Region (CSC-CAR),
Baguio City, invalidating their permanent appointments for failure to undergo the Personnel
SeGction Board (PSB) screening prior to the election ban pursuant to CSC Memorandum
Circular (MC) No. 10, s.201lr; and dismissing their complaint for insubordination against
the PSB members for lack of primafacie case.

Salient portions of the assailed Decision dated March20,2014 of the CSC-CAR read,
as follows:

"Appellants themselves admitted that they failed to undergo screening

by the Municipality's Personnel Selection Board (PSB) prior to the election
ban. Atbeit they shifted the blame to the latter, this Office is not convinced. As
declared by appellants, former Mayor Avelino C. Amangyen wrote a letter on
June 8, 2013 (stated as June 6, 2013 in Annex 'L' of the Appeal) to all
members of the PSB to convene. Evidently, if said screening had pushed
through, one of the requisites for the approval of a permanent appointment
issued after the election by an outgoing elective fficial would not be met as
the appointee failed to undergo PSB screening prior to the election ban on
March 29,2013 to May 13,2013 (COMELEC Resolution No.958I(,)
December 18, 2012).

'
a
I
Revised Rules on Appointment Issued by Outgoing Elective and Appointive Otllcials

\,/
In a R . A, C . t. to Serue : R esponsiu e, A cc e ssible, C ourt eous and E ffe ctia eP ublic S eraic e

f CSC Building, IBP Road, Constitution Hilis, 1126 Quezon City . I 931-79351931-79391931-8092. E cscphii@webmail.csc.gov.ph' rg www.csc.gov.ph
Dakiwag, et al../Page 2 of I I
x;------------- ------ --- - ---- --x

"Anent the disciplinaty aspect of this case, prima facie evidence is

defined asfollows:

"Prima facie evidence is that which standing alone unexplained or

uncontradicted, is sufficient to maintain the proposition ffirmed. It is such as,
in judgment of law, is sfficient to establish the fact; and if not rebutted,
remains sfficient for that purpose. (MORENO, Federico 8., Philippine Law
Dictionaty, citing People vs. Solis)

"On accoLtnt of the dfscussn#bove, this Office Jinds no prima facie

case to wawant the issuance of formal charge against the members of the
Personnel Selection Board of the Municipality of Paracelis for their alleged
refusal to convene and assess the appellants contraty to the directive of then
Mayor Amangten. Records bear that the persons complained of did not totally
ignore the Mayor's directive. By way of letter, they conveyed to the latter the
reasons why they could not conduct the assessment as directed. This Office
finds the justifications satisfactory and must be given credence.

xxx

"WHEREFORE, the instant appeal/complaint is hereby DISMISSED.

Accordingly, the invalidation of the appointments of Bradiner M. Dakiwag as
Engineering Aide, Robert Maclinic, as Administrative Aide, Ventura P.
Banasan as Tax Mapping Aide, John Fulgaon as Engineer I, Ruth Bucatan as
Barangay Health Aide, Sherry Rose Opolinto as Laboratory Aide, Fermin
Jimenez as Laborer I and Elmer Apsong as Laborer I, all of the Municipality
of Paracelis, Mt. Province STANDS."

In their Memorandum of Appeal, Dakiwag, et al. asseverated, as follows:

"22. In the present case, the CSC-CAR failed to consider that the
appointees did not undergo the PSB because of the refusal of the PSB
members to convene and conduct the screening process. This is an attempt of
the PSB to obstruct, prevent and deprive the appointing authority to exercise
his power to appoint. This is likened to a situation where the water tries to
rise above its source'

xxx

"24. Their actuations even constitute insubordination and gross

misconduct since. (sic) Aside from refusing to perform their ministerial
function, they even question the lawful order of the Mayor in their series of
letters to the latter:

"30. The silence of the CSCHn regarding the quatifications of the

appellants is an admission that the appellants are qualified to the position
Dakiwag, et al../Page 3 of I I
x; - -- - --
- - - - - - - -- - --- - - - - - -- - -x

they applied for. Even the PSB members did not refute this issue since they
lcnew that all the appellants are already discharging the functions of their
respective positions prior to their appointments in lheir status as contractual
or on a job order employment. What is more pitful is that some are already
on the job for more than twenty years (20) (sic) as contractual and never
hired as permanent like the case of appellant-appointee Fermin Jimenez;

"31. The reason they were appointed is merely to convert their

employment status from temporary to permanent. This is the wisdom behind
the appointments and to defeat this good reasonsimply (sic) because the
appellants did not undergo the PSB selection due to the latter's refusal to
convene and screen them is an injustice to the appellant-appointees;

"32. The PSB members tried to prevent the appointing authority.from

exercising his appointing power. This is the main issue and the principal
substance of the present case. The invalidation of the appointments on the
mere ground that the applicants did not undergo PSB screening and not
because they are not qualified is the core of this appeal; "

Dakiwag also invoked that their appointments fall under the exemptions to the
prohibition of appointments by outgoing elective officials pursuant to MC No. 10, s. of 2011
as there was an urgency for the issuance of their respective appointments.

As regards the appointment of an Engineer I and Engineering Aide, Dakiwag, et al.

argued that there was a dire need to hire additional Engineer I due to the slow work output in
the Municipal Engineering Office. That, the Commission on Audit (COA) issued its findings
stating, among others, that eighty-three percent (83%) of the one hundred fifty-one (151)
programs and projects with a total appropriations of eleven million one hundred seventy one
thousand five hundred nine and sixty centavos (Php11,171,509.60) of the Municipal
Govemment of Paracelis were not implemented, and eighty and forty-two percent (50.42%)
of its programs and projects in the Annual Investment Program for Calendar Year (CY) 2010
with total appropriations of eleven million seven hundred ninety-nine thousand eight pesos
and thirty six centavos (Phpl1,799,008.36) were not also implemented. As such, the COA
recommended that the Municipal Government should see to it that everyone in the said Office
shall double their time to implement the balances under the CY 2010.

On the appointment of an Administrative Aide (Driver II) and two (2) Laborer I,
Dakiwag, et al., alleged that the Supply Officer of the Municipal Government of Paracelis
confirmed that there are nine (9) serviceable vehicles and motorcycles of the said Office,
however, there are only five (5) regular drivers. As such, Dakiwag, et al., reasoned that there
is a need to hire additional drivers to be assigned on the remaining four (4) serviceable
vehicles.

Dakiwag, et al. also argued that there is a dire need to hire a Tax Mapping Aide,
Laboratory Aide and Barangay Health Aide considering that the town of Paracelis has an
aggregate population of twenty eight thousand (28,000) residents scattered in nine (9)
barangays with a total land area of more than fifty (50) square kilometers or almost one-
fourth area of the entire Mountain Province.
Dakiwag, et al.lPage 4 of I I
x: - -- --
-- - -- - -
- - - -- - - - - - - - - - x

Records show that on June 8,2013, then outgoing Mayor Avelino C. Amangyen of
the Municipal Government of Paracelis issued a letter to all the members of the Personnel
Selection Board (PSB) directing them to convene on June 13,2013 purposely to screen the
applicants for the vacant positions in the said agency. Among the applicants to the vacant
positions were Dakiwag, et al.

However, on June I0,2073, Amor Liban, the Municipal Engineer of the same agency
issued a letter addressed to then Mayor Amangyen, requesting that the vacant positions
particularly Engineer 1 and Engineering Aide in his office shall be excluded from the PSB
screening since the supposed screening is in violation of CSC MC No. I 0, s. 201 1 .

Apparently, all the members of the PSB refused to convene on the ground that the
directive of the mayor is in violation of CSC MC No. 10, s. 201 1.

On June 18, 2013, then Mayor Amangyen issued another letter to all the members of
the PSB, reiterating his previous directive for them to convene and screen the applicants to
the vacant positions in the Municipal Government of Paracelis. However, the members of the
PSB refused again to convene on same ground that it is in violation of the CSC MC No. 10, s.
20rt.
On June 24,2013, then Mayor Amangyen issued appointments in favor of Dakiwag,
et al. sans any PSB screening or minutes of the PSB meetings indicating the evaluation of
their qualifications.

On even date, Maggie Charchar Liban, the Chief of the Human Resource
Management Office, and a member of the PSB, issued a letter addressed to then Mayor
Amangyen stating that the appointments issued in favor of Dakiwag, et al. were not in order
considering that there was no PSB screening conducted prior to the issuance of the same.

Upon submission of the appointments of Dakiwag, et al. to the Civil Service

Commission Field Office (CSCFO)-Mountain Province, the same were invalidated on the
ground that these were issued in violation of CSC MC No. 10, s. 2011.

Aggrieved, Dakiwag et al. f/red an appeal before the CSC-CAR alleging, among
others, that the appointees did not undergo PSB screening because the members of the PSB
refused to convene and screen the applicants. They also invoke{ the CSC-CAR to conduct an
investigation for alleged insubordinition against the members2 of the PSB who were only
identified, as follows:

1. Municipal Assessor;
2. Municipal Treasurer;
3. Municipal Health Officer;
4. Municipal Department Planning Officer;
5. Municipal Engineer;
6. Municipal Agriculturist;
7. Hon. Tangbawan - Sanggunian Bayan member;
8. Human Resource Management Officer;
9. Hon. Carpio - Sangguniang Bayan member;
10. S. Kimayong; and
11. S. Salinas

2
The names were not identified in the records of the case. Some were identified with their positions while the
others were identified with their surnames.
Dakiwag, et al../Page 5 of I1
------------ - ---------- -- ----x
x--

Further, Dakiwag, et al. alleged that the refusal of the PSB members to convene
despite the directive of then Mayor Amangyen is an attempt to obstruct, prevent and deprive
the appointing authority to exercise his power to appoint. They argued that it is not the PSB
who should decide on whether the proceedings for their appointments are in order or not, but
such function is lodged with the Commission. Thus, Dakiwag, et al. invoked the authority of
the CSC to discipline the members of the PSB for their refusal to convene despite the several
directives of then Mayor Amangyen, and which subsequently caused the invalidation of their
appointments for lack of PSB screening.

On March 20, 2014, the CSC-CAR issued a Decision dismissing the appeal of
Dakiwag, et al. on the ground that their appointments were issued in violation of CSC MC
No. 10, s.2011.It also dismissed the complaint against the members of the PSB for lack of
primafacie case.

Hence, the instant appeal (treated as petition for review).

The issues posed for resolution are stated, as follows:

1. Whether the invalidation of the appointments of Dakiwag, et al. is in order; and

2. Whether the CSC-CAR ened in finding that there exists no prima facie case
against the members of the PSB of the Municipal Government of Paracelis.

Before delving on the issues at hand, the Commission opts to discuss the qualification
standardsof the positions of Engineering Aide, Administrative Aide (Driver II), Tax
Mapping Aide, Engineer I, Barangay Health Aide, Laboratory Aide, Laborer I and Utility
Worker I vis-d-vis the qualifications of Dakiwag, et al. as indicated in their respective
PersonalData Sheets (PDSs), as follows:

1. Bradiner M. Dakiwag - Engineering Aide (SG 4)

Qualification Requirements
F actors of Engineering Aide (SG 4) Dakiwag's Qualifications as indicated in
pursuant to CSC MC No. 1, his PDS accomplished on June 28,2013
s. 1997
Education High school graduate or High school graduate with 129 units in
completion of relevant Bachelor of Science in Civil Engineering
vocational trade course
Experience None required Engineering Aide under casual appointment
at the Municipal Government of Paracelis,
Mountain Province, since February 1,2008
to February 1.2413
Training None required Value Orientation Seminar (24 hours)'

Eligibility None required (CSC MC No. None

11. s. 1996-Cat. III)

3
Date and venue are not indicated in the PDS of Dakiwag
Dakiwag, et al../Page 6 of I I
x------ -- -- --- --------- -------x

2. Robert C. Maclinic - Administrative Aide @river II) (SG a)

Factors Qualification Requirements
of Administrative Aide Maclinic's Qualifications indicated in his
@river II)(SG 4) pursuant PDS accomptished on June 28,20134
to CSC MC No. 1, s. 1997
Education Elementarv school sraduate Associate in Marine Ensineerins
Experience None required Driver, Municipal Government of Paracelis,
Mountain Province, since August 1, 2010 to
January 1.2013'
Training None required Defensive Driving and Vehicle Preventive
Maintenance and Servicing,. conducted by
TESDA. from March 8.2012"
Eligibility None required (CSC MC No. None
i 1. s. 1996-Cat IID

3. Ventura P. Banasan - Tax Mapping Aide (SG 4)

Factors Qualification Requirements Banasan's Qualifications indicated in his

of Tax Mapping Aide (4) PDS accomplished on June 24,2013
pursuant to CSC MC No. 1,
s.1997
Education High school graduate or Associate Geodetic Engineering
completion of relevant
vocational trade course
Experience None required Tax Mapping Aide, Municipal Government
of Paracelis, Mountain Province, under
casual appointment from July 16, 2010 to
December 3I,2012;

Laborer, Department of Public Works and

Highways (DPWH)-Bontoc, Mountain
Province, under Job Order, from July 1,
2008 to June 30, 20i0; and

Tax Mapping Aide, Municipal Government

of Paracelis, Mountain Province, under
casual
Trainins None reouired None
Eligibility None required (CSC MC No. None
11. s. 1996- cat. III)

o
Nature of appointment is not indicated in the PDS of Maclinic
' Nature of appointment is not indicated in the PDS of Maclinic
6
Date of completion of the training is not indicated in the PDS of Maclinic
Dakiwag, et al../Page 7 of I I
X:--------

4. John T. Fulgaon - Engineer I (SG 12)

Factors Qualification Requirements Qualifications of Fulgaon indicated.in his
of Engineer I (SG 12) PDS accomplished on June 28,2013'
pursuant to CSC MC No. 1,
s. 1997
Education Bachelor's Degree in Bachelor of Science in Civil Engineering
Engineering relevant to the job

Experience None required Barangay Engineer, Paracelis, Mountain

Province, under co-terminus appointment,
from February 2,2007 to June 25,2013

Training None required 3'u CAR Technical Conference conducted by

the Philippine Institute of Civil Engineers
from September 30, 2011 and October 1,
2011 (16 hours);

Roll-out of the Budget Operations Manual

for Barangays And Training on R.A. No.
9184 conducted by the Association of Local
Budget Administrators, Department of
Management-CAR, from July 20, 20ll to
July 21, 201 1 (1 6 hours);

Basic Computer Operations conducted by

TESDA-CAR on March 14,2011 to March
18, 201 I (40 hours); and

3th National Convention conducted by the

Philippine Institute of Civil Engineers,
Incorporated, from November 26-28, 2009
(24 hours).

Eligibility RA 1080 RA 1080 (Civil Engineering Board Exam);

and
RA 1080 (Sanitary Engineering Board
Exam)

5. Ruth Bucatan - Barangay Health Aide (SG 4)

Factors Qualification Requirements Qualifications of Bucatan as indicated in

of Barangay Health Aide (SG her PDS accomplished on June 28,2013
4) pursuant to CSC MC No.
1. s. 1997
Education Hish School sraduate Bachelor of Science in Nursins
Experience None required None
Trainine None required None
Eligibility None required (CSC MC No. None
11" s. 1996- Cat. IID

7
Apparently accomplished after the issuance of the appointment

.-
/
\J
Dakiwag, et al../Page 8 of I I
x-- ------ - "- -- --- ----- ------x

6. Sherry Rose Opolinto - Laboratory Aide (SG a)

Factors Qualification Requirements Qualifications of Opolinto as indicated in
of Laboratory Aide (SG 4) her PDS accomplished on June June 27,
pursuant to CSC MC No. 1, 2013
s. 1997
Education Elementarv school sraduate Bachelor of Science in Nursins
Experience None required
RN-Heals, Department of Health, from
March 31,2012 to February 31,2013

Nurse (Job Order), Municipal Government

of Paracelis, Mountain Provinceo from
November 1,2012 to March 31,2012

Trainins None reouired None

Eligibility RA 1080 (Nursing Board Exam)
None required (CSC MC No.
1 1. s. 1996- cat. III)

7. Fermin Jimenez - Laborer I (SG 1)

Factors Qualification Requirements Qualifications of Jimenez as indicated in
of Laborer I (1) pursuant to his PDS accomplished on June 28,20138
CSC MC No. 1. s. 1997
Education Must able to read and write Electronics (Vocational)
Experience None required Laborer 1 (Contractual), Municipal
Government of Paracelis, Mountain
Province, from January 1, 2010 to January 6,
2013;

Laborer I (casual), Municipal Government

of Paracelis, Mountain Province, from June
1,2010 to January I,2013;and

Laborer I (casual), Municipal Government

of Paracelis, Mountain Province, from May
22,2A00 to March 30,2008.

Trainins None reouired None

Eligibility None required (CSC MC No. None
11, s. 96-cat. III)

8
Apparently accomplished after the issuance of the appointment on July 24,20

/
(.
\.P
Dakiwag, et al../Page 9 of I I
x;--- -- ------ -- --- --------------x

8. Elmer Apsong - Utility Worker I (SG 1)

Qualification Requirements of
Utility Worker 1 (SG 1) Qualifications of Apsong as indicated
Factors pursuant to CSC MC No. 1, s. in his PDS accomplished on June 28,
1997 2013e

Education Must be able to read and write Vocational Course

Experience None required Laborer I (Job Order), Municipal
Government of Paracelis, Mountain
Province" from January 2.2012 to date.
Trainins None required None
Eligibility None required (CSC MC No. 11, s. None
1996-cat.111)

An evaluation of the records shows that Dakiw&g, et al. met all the qualification
for the positions to which they were appointed. Thus, their qualifications
standards required
were not raised as an issue in the assailed Decision of the CSC-CAR. Nonetheless, the
Commission agrees with the invalidation of the appointments of Dakiwag, et al. by the CSC-
CAR on the ground that they failed to undergo PSB screening prior to the election ban.
Dakiwag, et al.bewail that their failure to undergo the PSB screening was due to the blatant
refusal of the PSB members to convene and screen the applicants despite the directive of then
Mayor Amangyen for them to convene on June 13, 18 and24,2013.

At this juncture, attention is invited to CSC MC No. 10, s. 2011 (Revised Rules on
Appointment Issued by Outgoing Elective and Appointive Officials) which states in part,
as follows:

" I. All appointments issued after the election up to June 30 by

outgoing elective fficials shall be disapproved unless the
following requisites relative to their issuance are met:
1.1 The appointee meets the minimum qualffications as
required under the CSC Qualification Standards
Manual or special law, if any, for the position to which
he/she was appointed.

1.2 The appointee has undergone the Personnel Selection

Board (PSB) Screening prior to the election ban. In
this case, the appointing authority or agency shall
submit the minutes of the PSB meetings and the
evaluation report of the applicants.

1.3 There is an urgent need for the issuance of the

appointment/s so as not to prejudice the public or
e ndange r pub I ic s afe ty.

1.4 Civil Service Law, rules and regulations and special

laws, tf any, on the issuance of appointments are
followed. " (Emphasis supplied)

e
Apparently accomplished after the issuance of Apsong 's appointment on June 24,2013

,-
,/
(
\-v
Dakiwag, et al,./Page 10 of I I
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In view of the foregoing, the appointments were issued without undergoing a PSB
screening. Granting arguendo that the PSB convened and screened the applicants to the
vacant positions, the process is not in order since the supposed PSB screening on June 13, l8
and24,2013 were within the prohibited period to conduct the same. It is explicit from the
provision of CSC MC No. 10, s. 20 1 I ( 1 .2) that the PSB screening should be conducted prior
to the election ban.

It is noted that pursuant to COMELEC Resolution No. 9581 dated December 18,
2012,the election ban for the May 2013 national elections commenced on March 29,2013 to
May 13, 2013. Thus, in compliance with CSC MC No. 10, s. 2011, the PSB screening should
have been conducted prior to March 29,2013. However, the dates in the directive of then
Mayor Amangyen for the PSB screening are June 13, 18 and 24,2013, thus, the supposed
conduct of the PSB screening was already within the prohibited period pursuant to CSC MC
No. 10, s. 2011.

Further, contrary to the allegations of Dakiwag, et al. that there was urgency in the
issuance of the appointments of Engineer I and Engineering Aide, the Municipal Engineer
issued a letter dated June 10, 2013, requesting that the said vacant positions in his office be
excluded from the PSB screening. Thus, it appears that the filling-up of the vacant positions
for Engineer I and Engineering Aide were not urgent. Further, Dakiwag, et al. failed to
support their allegation that there was urgency in filling-up the remaining vacant positions in
the Municipal Government of Paracelis.

On the second issue, it is noted that Dakiwag, et al. incorporated in their appeal before
the CSC-CAR a complaint for insubordination against all the PSB members of the Municipal
Government of Paracelis, Mountain Province, for their alleged refusal to convene and screen
the applicants to the vacant positions in the said agency on June 13, l8 and24,2013.

Insubordination is defined as a refusal to obey some order, which a superior officer is

entitled to give. The term imports a willful or intentional disregard of the lawful and
reasonable instructions of the employer. (Dalmacio-Joaquin v. Dela Cruz, A.M. No. P-07-
232I, April24,2009)

While it may be true that the PSB members refused to obey the directives of then
Mayor Amangyen to convene and screen the applicants, records show, however, that they did
not intentionally disregarded the same as they were merely relying on the provisions of the
CSC MC No. 10, s. 2011 stating that the PSB screening should be conducted prior to the
election. It is noted that the supposed dates of screening of applicants as directed by then
Mayor Amangyen were already outside of the stated period. As such, the order of then Mayor
Amangyen was apparently not a valid instruction. Further, CSC MC. No. 4 [1 (a)], s. 2005
(Amendment to Policy No. 12 of CSC MC No. 3, s. 2001 and Clarifications of the Functions
and Responsibilities of the Personnel Selection Board) states the PSB has to follow strictly
the process on the selection of employees for appointment in the government service. In
short, the PSB members were only performing their functions as cited in CSC MC No. 4, s.
2005.

In view of the foregoing discussion, the Commission agrees with the findings of the
CSC-CAR that there is no prima facie case for insubordination against the PSB members. As
held by the Supreme Court, a prima facie case is that amount of evidence which would be
sufficient to counterbalance the general presumption of innocence, and warrant a conviction,
if not encountered and controlled by evidence tending to contradict it, and render improbable,
or to prove other facts inconsistent with it, and the establishment of a prima facie case does

a
Dakiwag, et al../Page I I of I I
x---- - -- -- ----- ---- -------------x

not take away the presumption of innocence which may in the opinion of the court be such as
to rebut and iontrol it.ro

Ergo,the appointments of Dakiwag, et al. are not in order for having been issued in
violation to CSC MC No. 10, s. 2011, and the allegations imputed against the PSB members
do not amount to insubordination. Nonetheless, Dakiwag, et al. can be considered to the same
positions subject to pertinent civil service rules.

WHEREFORE, the petition for review of Bradiner M. Dakiwag, Engineering Aide;

Robert Maclinic, Administrative Aide (Driver II); Ventura P. Banasan, Tax Mapping Aide;
John Fulgaon, Engineer I; Ruth Bucatan, Barangay Health Aide; Sherry Rose Opolinto,
Laboratory Aide; Fermin Jimenez, Laborer I; and Elmer Apsong, Utility Worker I; all of the
Municipal Government of Paracelis, Mountain Province, is hereby DISMISSED.
Accordingly, the Decision dated March 20,2014 of the Civil Service Commission-Cordillera
Administrative Region (CSC-CAR), Baguio City, invalidating the appointments of Dakiwag,
et al., for failure to undergo the Personnel Selection Board (PSB) screening prior to he
election ban pursuant to CSC MC No. 10, s.2011 and dismissing their complaint for
insubordination against the PSB members of the same agency for lack of primafacie case,is
hereby AFFIRMED. However, Dakiwag, et al. are considered as de facto officers until the
finality of the invalidation of their appointments.

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

Government of Paracelis, Mountain Province and the Government Service Insurance System
(GSIS) for their reference and appropriate action.

Quezon City.

ROBERT S.

T. DUQUE III

NIEVBS L. OSORIO
Commissioner
Attested by:

DO

Commission Secretariat and Liaison Office

O LA 3 / Y4 I / mc c/C S LO /t is ha
T-20 I 4-0425-02 I

r0
Bautista v. Sarmiento, 138 SCRA 587 (1985), citing Words and Phrases Permanent Edition 33,p.545