CMM DIGEST

Mathay v. Court of Appeals

December 15, 1999
G.R. Nos. 124374, 126354, 126366
(The Law on Public Officers, Civil Service Laws, Election Laws)


Petitioner: Mathay (QC Mayor)
Respondent: CA, CSC, et al.
Ponente: Ynares-Santiago

FACTS:
Mayor Simon appointed respondents to positions in Civil Service Unit (CSU) of the LocGov of
QC. The CSUs were created pursuant to PD No. 51, which was signed in 1972.
In 1990, Sec of Justice rendered an Opinion, stating that PD No. 51 was never published in
OG, thus is never in force and effect.
CSC issued Memo Circ No. 30, directing all civil service offices to recall and revoke all
appointments made pursuant to PD No. 51.
The appointments of the respondents were revoked.
QC City Ordinance No. NC-140 (1990) was enacted, which established the Dept of Public
Order and Safety.
The law provides that present personnel of CSU are absorbed into the DPOS.
However, the positions in the DPOS were not filled due to lack of funds.
Mayor Simon then offered the respondents private appointments. This was subsequently
renewed, until they were no longer renewed by Mayor Mathay in 1992.
The respondents filed this case.

ISSUE:
(1) WON CSC had the authority to direct Mayor Mathay to reinstate the respondents. NO. CSC is
without authority!
HELD:
RATIO:
Law applicable is old Loc Gov (BP 337).
Section 3 of QC Ordinance is invalid for being inconsistent with BP 337.
Ordinance provided for absorption of PERSONNEL, not POSITIONS. Thus, the city council
or sanggunian, in effect, dictated who shall occupy the new positions. BP 337 mandates
that the power to appoint rests with the local chief executive. The power of sanggu is
limited to creating, consolidating and reorganizing city officers and positions.
Also, CSCs power is limited to approving or disapproving an appointment. It cannot direct
that an appointment of an individual be made.
Even assuming that the Ordinance is valid, the absorption contemplated is not possible since
CSU never legally came into existence, thus respondents never held permanent positions.
The seniority rights and permanent status did not arise since they have no valid
appointment.
The right to hold public office is not a natural right. The right exists only by virtue of a law
expressly or impliedly creating and conferring it. Since PD 51 never became law, it could not
be the source of any rights, impose any duties, afford any protection, and create office.
CSU was never abolished. It never came into existence.
Respondents held temporary and contractual appointments. Non-renewal cannot be taken
against petitioner.