Republic of the Philippinu

ADDUN, Rodlynne G.
DABBAN, Roan D.
Re: Disapproved Appointment
(Petition for Review)
(Nr7zoo4z917)
x--------- --------x

NOTICE OF DECISION
Sir/Madam:

The Commission promulgated on December 20,2o1g Decision No. t9o574 on tne

above-cited case, copy attached=. lts original is on file with this Commission.

December 27,2019.

Very truly yours,

DOLORES/B. BONTFACIO

Commission Secretariat and Liaison Office

Copy furnished:

Mayor Bienvenido C. de Guzman ll

City Covernment of Tuguegarao
Enrile Boulevard, Carig 5ur
Tuguegarao City
35oo Cagayan

Ms. Rodlynne G. Addun

Ms. Roan D. Dabban
City Covernment of Tuguegarao
Enrile Boulevard, Carig Sur
Tuguegarao City
35oo Cagayan

The COA Resident Auditor

City Covernment of Tuguegarao
Enrile Boulevard, Carig Sur
Tuguegarao City
j5oo Cagayan

Director lV Nerissa B. Canguilan

Civil Service Commission Regional Office ll
San Cabriel Village, Tuguegarao City
J5oo Cagavan

Director ll Maria Noemi S. Bustamante

Civil Service Commissron Field Office - Batanes i EASII.D
Regional Covernment Center, Carig
Tuguegarao Citv
Drr;; 0EC ZlZ01g
fsoo Caqavan
AFt
/ \\L ,,/
CSLOlSSDlAPSldang
Bawat Kawani, Lingkod
cSc Building, Bp Road, Batasan Hills, 1 126 Quezon
f city I (02) 931-793 5/(O2l 931-7939/(02) 931€092 s cscphilpcsc.gov.ph @ www.csc.gov.ph
 RePublic of the PhiliPP ina

ADDfIN, Rodlynne G. Number: 1905'i 4

DABBAN, Roan D.
Re: Disapproved Appointment Promulgated: 2 0 DEC 2019
(Petition for Review)
(N1720042917)
x ----------- ----------------- x

DECISION

Mayor Bienvenido C. de Guzman II, Citv Govemment of Tuguegarao. files a Petition

for Review from Decision No. 17-0074 dated May 3. 2017 issued by the Civil Service
Commission Regional Office (CSC RO) II, Tuguegarao City, disapproving the casual
appointments of Rodiynne G. Addun, and Roan D. Dabban to the positions of Accountant I
*d Ad-inistrative Assistant I, respectively, for having been issued in violation of Section 2(f ,
Rule III and Section 14. Rule XIILof the Revised Omnibus Rules on Appointments and Other
Personnel Actions.

The falto of Decision No. 17-0074 dated May 3, 2017 of the CSC RO II reads, as
follows:
xxx
"WHEREFORE, premises considered, the appeal of Maltor Bienvenido
C. De Guzman II from the disapproval of the casual appointments of Rodlynne
G, Addun, Roan D. Dabban, and Jose E, Valdez, Jr., all assigned at the Citlt
Accounting Office of the Local Government Unit of Tuguegarao City is hereby
DENIED, Siid appointments were issued in violation of Section 14, Rule Xiii
of the Omnibui Rules on Appointments and Other Personnel Actions.
Accordingty, the disapproval by the CSC FO on the subiect appointments,.
STANDS. However, iitaries for actual services rendered as a de facto casual
Accountant I, Administrative Assistant I (Computer Operator D, and
Administrative Aide III (Clerk I), respectively. xxx"'

In his Petition, Mayor de Guzman, proffer the following grounds, to wit:

xxx
"The power to appoint includes the discretion of the appointing officigl
on the naturi or kind o7 tlte appointment to be extended, that is, whether the
appointment is permanent, temporary or casual.

"The fifty-six (56) qppointments issued by the Tuguegarao City

Government were unifurmly disapproved by the Civil Service Commission
Regional Office No. 2 (CSC-RO2) mainly because of the existenc6ol vacant

r p. 6, CSC RO II Decision No. l'7-00'74 promulgated May 3. 2017.

$.",,' sdft 's s. [,,:sr,,sr :ur ri,r

Bawat Kawani, Lingkod BaYani [tJl,tligi,j:*:{illiii'dnn*
Service Ccmmi

092 pcscphilgcscgov'ph Nwww'crgov'ph

/V ADDW, Rodlltnne G
DABBAN, Roan D
/uEo2vJJ
-I----------------- - - - - - - - - - - - - X

plantilla positions and the presence of qualified casual emplo))ees for the said
positions.

"This, in ffict, mandates the Tuguegarao city Government to issue

permanenr appoiniments to the eligible employees on the sole basis that they
meet the minimum requirements under the law even if the city mayor
qs
appointing authority opts only to issue appointments under casual status. This
is an infringement of the appointing authority of the city mayor...
xxx

"The Tuguegqrao City Government cannotfathom the reasoning of the

CSC-RO2's decisioi when the volume of work alone that these clerl<s need to
get done is justification enough.
xxx

Considering the volume of paperworks that have to be done in the

"
Tuguegarao City Gbvernment day in and day out, there is a great need for
record-keepers or clerl<s... "

Records show that on December 28, 20l6.then City Mayor Jefferson P. Soriano issued
four hundred two (402) casual appointments for various positions at the City Govemment of
Tuguegarao. Among the appoiniments were of Rodlynn G. Addun as Accountant I (SG-12)
and Roan D. Dabban as Administrative Assistant I (Computer Operator i) (SG-7), both at the
City Accounting Office for the period of January 1. 2017 to June 30,2017 '

However, on February IO,2Ol7. the Civil Service Commission Field Office (CSC FO)
Cagayan-Batanes disapproved the casual appointments including Addun's and Dabban's for
having been issued in violation of Section 2 (f. Rule III of the Revised Omnibus Rules on
Appointments and Other Personnel Actions.

Not satisfied. incumbent Mayor de Guzman filed an Appeal before the CSC RO II.

On Ma.v 3.2017, the CSC RO II promuigated DecisionNo. 17-0074 affirming the

action of the CSC FO Cagayan-Batanes. Unconvinced with the CSC RO II's decision, Mayor
de Guzman filed the instant Petition for Review,

The issue for resolution is whether the disapprovai of the casuai appointments of Addun
and Dabban is proper.

Section 2(f), Rule III, Revised Omnibus Rules on Appointments and Other
Personnel Actions2 defines "Casuai appointment" as one issued only for essential and
necessary services where there are not enough regular staff to meet the demand of the service.

Casuai appointment presupposes an existing reguiar piantilla and that the appointment
of additional workforce is justified oniy to supplement or aid the agency in the rendition of

2
CSC Resoiution No. 1701009 dated June 16.201i.
copy:
ONGA
Chlef Human Rasoulrs Spedalist
Commisslon 9ecrcufltt and lialson Office
e$ll gerul€c C0inmissinn
/V ADDUL|.Rodlvnne G
DABBAN, Roan D
Page 3 o.f 5
r------------------------------X

essential and necessary public service. The augmentation of personnel pertams

to a more or
iess limited duration or in cases of emergency in order to meet the demands of service' Uniess
renewed or pre-terrninated due to valid grounds. i.e.. (1) when the services are no
longer
completed' and (4) non-
needed. (2) poor pelfonnance, (3) the pioject has already been
period
availability of funds. the casual empioyment ceases automatically atthe expiration ofthe
as stated in the Plantilla of Casual Empioyment.

be
The Omnibus Rules fuither provides that in no instance should a casuai appointment
made to perform the
issued to fill a vacant regular plantilia position. or, a casual employee be
duties and responsibilities pertaining 1o the career piantilla position3. The rationale of
the
prohibition ultimately lies on the rule that appointments in the civil service shall be made oniy
tn the basis of merit and fitness. The scheme of reguiar plantilla or career positions in an agencl'
assumes that the personnel has been seiected and has qualified based on merit and
fitness to
postuiate that
perform the dutiei and assume the responsibiiities of the position. It rests on the
pubiic weifare and interest is best served when only those who are fit and proper are chosen
lnJ appointed.a Thus. where the appointing authority resorts to casuai appointments instead
of the
of filiing up existing regular plantilla position. such action is considered a circumvention
merit and fitness principle in the goverrment.

Mayor de the disapproval of Addun and Dabban's appointment

has curtailed the nting authority on the kind. status, or nature of the
appointment to b argued that the heavv workload justifies the casual
appointments of Addun and Daban.

All these contentions, however. are bereft of any merit and consideration.

The Civil Service Commission. as the central human resource agency of the
soverrrment. has the power and function to take appropriate actions on all appointments
and
other personnel matiers in the civil service. The Civil Service Commission is likewise
manda-ted to promuigate policies. standards and guidelines for the Civil Service that
promote
economicai, ifficieni andeffective personnel administration in the govemment.s Moreover' it
has the power and function to administer and enforce the constitutional and statutory
provisions
on the merit system for all ievels and ranks in the Civil Service.6 It is in accord with this
responsibilitv that the Commission disapproves or invaiidates an appointment where the same
is issued in vioiation of duiy promulgated Civii Service iaw, ruies. and reguiations inciuding
poiicies, guidelines, and standards the CSC prescribes.

In this case. the appointments of Addun and Dabban were issued transgressing the rules
on casual appointments.

As found by the CSC Fo-Cagayan-Batanes and CSC RO II, review of the regular
piantilla of the Accounting Departmenl of the city govemment showed that there are existing
uu.unt career positions for Accountant I and Administrative Assistant I (Computer Operator I)'

r Section 14. Rule XIII of the Revised Omnibus Rules on Appointments and Other Personnel Actions'
a
Philipprne Land-Ar-Sea Labor Union v. Court of industrial Relations. G.R. No 15984. March 3l' 1962
5
Section l2(3),Ibid. Copy:
6 Section 12(1), Ibid.
(.\ oNcA
odallst
Com aison Oflice
ion
/V ADDUN' Rodlvnne G
DABBAN, Roan D
Page 4 of 5
f ------------------ ----------- X

In fact. Addun and Dabban were made to perform duties and responsibilities properl)'
penaining to the reguiar careel positions in the Accounting Department' The Individuai
Accountant I'
Performance Commitment and Review (IPCR) of Addun. who was appointed as
following
for the period January Ol . 2017 to June 3 0, 26 t 7 shows that she had performed the
functions:
xxx

" 1. Reviewing Disbursement Vouchers .for Maintenance and Other

of
Operatin-g Expenses, Personal Services, Capital Outlay, and Financial
Expenses,'
"2. Converting of atl Financial Statementsfrom e-NGAS ro PPSAS Barangalt
F inancal St at eme nt s,'
i

Preparing Journal Entry Vouchers:

Approving Vouchers and Payrolls:
Prbparing and submitting Bank Reconciliation Statemenrs"

On the other hand. the IPCR of Dabban. who was appointed as Administrative
Assistant
(Computer Operator I) for the period January 01. 2017 to June 30.2017 shows that she had
performed the following functions:
xxx

" l. Recording of Disbursement Vouchers and Payrolls,'

"2. Delivering Disbursement Vouchers and Payrolls;
"3 . Preparing and submitting Accountant 's Advice
" 1. Photocopying of documents " "

AIso, as correctly found by the CSC Fo-Cagayan-Batanes and CSC RO II, scrutiny of
the qualification of Addun shows that she is a Certified Public Accountant and therefore
eligible to be appointed as Accountant I (SG-12) under perrnanent status. This is clearly
a

circumvention of the merit and fitness principle that is the thrust of the appointments in the
government service.

Given all these, the Commission does not see any sufficient reason to depart from the
action taken by the CSC Fo-Cagayan-Batanes and CSC RO II. The city government faiied
to
justifu the demands of service that necessitate the issuances of casual appointments to Addun
and Dabban more so that there are vacant reguiar piantiila positions where they are
qualified
to be appointed to. The disapproval of the apfointments by the CSC FO-Cagayan-Batanes and
CSC RO II. and now by ttrii Commission. is in keeping with their duty to uphold policies.
standards and guidelines that promote economical, efficient and effective personnel
administration in the sovemment.T

As a consequence of the disapproval of their appointments. Addun and Dabban are

considered as de facto officers. As suCh, Addun and Dabban are entitled to the saiaries and
benefits of the poiitio.r for actual services rendered from Januaq'1.201'7 up to June 30.2017
or untii such date their services have been pre-terminated due to vaiid grounds'8

t Section 12(3), Chapter 3, Title l. Book V of Executive Order No. 292.

8
CSC Memorandum Circular No, 25. series of20l4. e Copy:

com st
0flice
fV ADDUN, RodlYnne G
DABBA^r, Roan D
luEcJvJJ
X--- - ----- - - - - - - - - - - - - - - -- ---- X

WHEREFORE. the Petition for Review of Mayor Bienvenido C. de Guzman, City

Government of Tuguegarao, is hereby DISMISSED. Accordingiy, Decision
No' 17-0074
dated May 3. 2017 of the Civil Service Commis
City, disapproving the casuai appointment of
and Roan D. Dabban as Administrative Assist
been issued in violation of Section 2(f), Rule
Omnibus Rules on Appointments and Other Personnel Actions. is AFFIRMED'

As de facto officers, Addun and Dabban are. however. entitled to the salaries and
or until such
benefits of their r.rp..1irr" positions from January 1,2017 up to June 30, 2017
date their services have been pre-terminated due to vaiid gtounds.

be furnished the Commission on Audit (COA)

A copy of this Decision shall - City
Government^of T,tguegarao for its reference and appropriate action.

Quezon City.

ntlBnN LOURDES F.. LIZADA

Commissioner

A dela ROSA-BALA

Commission Secretariat and Liaison Office

O I a 3 /X 5 3 /X 5 8 /j 3 5 6/ C S L O / kj c g