G.R. No.

207422, March 18, 2015

ANGEL ABAD, Petitioner,
vs.
HERMINIO DELA CRUZ, Respondent.

Facts:
The case of G.R. No. 207422 revolves around the Petition for Review on Certiorari filed by
Angel Abad against the Decision of the Court of Appeals, which upheld the Civil Service
Commission's Resolution affirming the permanent appointment of Herminio Dela Cruz as City
Government Department Head III. The matter originated when Mayor Jaime R. Fresnedi
appointed Dela Cruz as the City Assessor of Muntinlupa in a permanent capacity on December
28, 2006. The City Assessor position was classified as City Government Department Head III.

The appointment received concurrence from the Sangguniang Panlungsod of the City
Government of Muntinlupa through Resolution No. 06-361. Notably, pursuant to Civil Service
Commission Resolution No. 02-1235, the City Government of Muntinlupa was granted the
authority to take final action on its appointments, with Dela Cruz's appointment being attested to
by the Civil Service Commission.

However, Angel Abad, who held the position of Local Assessment Operations Officer V in the
Office of the City Assessor, raised objections. Abad argued that Dela Cruz's appointment
violated the three-salary-grade rule outlined in Civil Service Commission Memorandum Circular
No. 3, Series of 2001. According to Abad, the position of City Government Department Head III
corresponded to Salary Grade 27, nine grades higher than Dela Cruz's former position as Local
Assessment Operations Officer III with Salary Grade 18. Abad also contended that, as a qualified
next-in-rank employee, he and three other qualified applicants were unfairly excluded from the
selection process.

Abad's grievances were brought to the attention of the Civil Service Commission, and despite the
referral of his concerns to the City Government of Muntinlupa's grievance machinery, no action
was taken due to a fire incident that occurred at the Muntinlupa City Hall.

In September 2007, Abad renewed his plea for the disapproval of Dela Cruz's appointment,
leading to a series of investigations and decisions. The Grievance Committee recommended the
invalidation of Dela Cruz's appointment, citing a violation of the three-salary-grade rule. This
recommendation was endorsed by Mayor Aldrin San Pedro and subsequently referred to the
Civil Service Commission-National Capital Region.

In August 2009, the Civil Service Commission-National Capital Region invalidated Dela Cruz's
appointment. However, on appeal, the Civil Service Commission reversed this decision in June
2010, stating that Dela Cruz's appointment fell under the exception of "very meritorious cases"
outlined in Civil Service Commission Resolution No. 03-0106. The Commission emphasized
that Dela Cruz's ranking as the top candidate in a deep selection process justified the departure
from the three-salary-grade rule.

Abad's motion for reconsideration was denied, leading to his filing of a Petition for Review
before the Court of Appeals. The Court of Appeals, in its decision dated April 11, 2012, sided
with the Civil Service Commission, maintaining the validity of Dela Cruz's appointment. The
court held that the three-salary-grade rule was not absolute and that Dela Cruz's appointment was
based on merit and superior qualifications.

Abad sought further redress by filing a Petition for Review on Certiorari before the Supreme
Court, arguing that Dela Cruz's promotion was void. Dela Cruz, in response, defended the
legitimacy of his appointment, emphasizing the meticulous selection process he underwent and
his superior qualifications.
Issue:
1) Whether Dela Cruz's promotion to City Government Department Head III was void for
violating the next-in-rank rule.
2) Whether Dela Cruz's promotion was void due to a lack of a deep selection process and
violation of the three-salary-grade rule.
Decision:
The court denied Abad's petition, affirming the Court of Appeals' decision. The court held that
Dela Cruz possessed the minimum qualifications for the position, and his promotion was
considered a "very meritorious case" exempt from the three-salary-grade limitation.
Additionally, the court found that Abad failed to prove he was a qualified next-in-rank and that
the Personnel Selection Board conducted a deep selection process, ranking Dela Cruz first
among applicants. The court emphasized the discretionary power of the appointing authority and
the need for superior qualifications in appointments. Consequently, Dela Cruz's appointment as
City Government Department Head III was deemed valid.
WHEREFORE, the Petition for Review on Certiorari is DENIED. The Court of Appeals'
Decision dated April 11, 2012 is AFFIRMED.
SO ORDERED.