Aquino vs.

Civil Service Commission

G.R. No. 92403

The court affirms the Civil Service Commission's decision to revoke Aquino's appointment and reinstate
de la Paz based on her qualifications and right to security of tenure, emphasizing the legal right acquired
by the appointee and the irregularity in Aquino's appointment.

Facts:

Victor A. Aquino was designated as Officer-in-Charge of the Division Supply Office in July 1984.

Leonarda D. de la Paz was appointed as Supply Officer I in the DECS Division of San Pablo City two years
later.

Aquino filed a protest against de la Paz's appointment, questioning her qualifications and competence.

The DECS Secretary sustained Aquino's protest and revoked de la Paz's appointment, appointing Aquino
in her place.

The Civil Service Commission (CSC) found de la Paz's appeal meritorious and revoked Aquino's
appointment, restoring de la Paz to her position.

Issue:

Whether the CSC committed grave abuse of discretion in revoking Aquino's appointment and reinstating
de la Paz based on her qualifications.

Ruling:

The court affirms the decision of the CSC to revoke Aquino's appointment and restore de la Paz to her
position.

Ratio:

Once an appointment is issued and the appointee assumes the duties and functions of the position, they
acquire a legal right to the position protected by law.

The appointment cannot be revoked by the appointing authority on the grounds that the protestant is
more qualified, as long as the first appointee possesses the minimum qualifications required by law.

The appointment issued to Aquino was tainted with irregularity as it was issued before the finality of the
decision on the protest, in violation of CSC Resolution No. 83-343.

De la Paz should be restored to her previously approved appointment as Supply Officer I.