October 2010 - Philippine Supreme Court Resolutions
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[G.R. No. 185425 : October 05, 2010] PHILIPPINE CHARITY SWEEPSTAKES OFFICE, PETITIONER, V. CIVIL SERVICE COMMISSION, RESPONDENT.
[G.R. NO. 187303]
MANUEL C. GARCIA, PETITIONER, V. CIVIL SERVICE COMMISSION, RESPONDENT.
[G.R. NO. 187461]
PHILIPPINE CHARITY SWEEPSTAKES OFFICE, PETITIONER , V. CIVIL SERVICE COMMISSION, RESPONDENT. :
EN BANC
[G.R. No. 185425 : October 05, 2010]
PHILIPPINE CHARITY SWEEPSTAKES OFFICE, PETITIONER, V. CIVIL SERVICE COMMISSION, RESPONDENT.
[G.R. NO. 187303]
MANUEL C. GARCIA, PETITIONER, V. CIVIL SERVICE COMMISSION , RESPONDENT.
[G.R. NO. 187461]
PHILIPPINE CHARITY SWEEPSTAKES OFFICE, PETITIONER , V. CIVIL SERVICE COMMISSION, RESPONDENT.
Sirs/Mesdames:
Please take notice that the Court en banc issued a Resolution dated OCTOBER 5, 2010, which reads as follows:
"G.R. No. 18542 PHILIPPINE CHARITY SWEEPSTAKES OFFICE, petitioner, v. CIVIL SERVICE COMMISSION, respondent.
G.R. No. 187303 MANUEL C. GARCIA, petitioner, v. CIVIL SERVICE COMMISSION, respondent.
G.R. No. 187461 PHILIPPINE CHARITY SWEEPSTAKES OFFICE, petitioner, v. CIVIL SERVICE COMMISSION, respondent.
RESOLUTION
The Philippine Charity Sweepstakes Office (PCSO) appointed petitioner (in G.R. No. 187303) Manuel C. Garcia (Garcia) as Department Manager III of its Public Relations and Publicity Department on May 9, 2000 on a temporary basis.[1] Garcia's temporary appointment was renewed in 2001 and 2002. The Civil Service Commission, National Capital Region (CSC-NCR), approved Garcia's appointment as well as his subsequent reappointments "in the exigency of the service and to give the appointee time to acquire third level eligibility."[2]
On May 9, 2003, Garcia's temporary appointment was again renewed. This time, the CSC-NCR disapproved Garcia's 2003 reappointment since there were qualified eligibles within the PCSO who were willing to be appointed to the position.[3]
On appeal, the CSC, by Resolution No. 04-1415 dated December 16, 2004, affirmed the CSC-NCR's disapproval of Garcia's temporary appointment in 2003.[4]
The CSC's disapproval of Garcia's reappointment notwithstanding, the PCSO yet again reappointed him in 2004 and in 2005 to the same position. Both reappointments were likewise disapproved by the CSC-NCR and, subsequently, by the CSC upon appeal to it.
PCSO challenged the CSC's actions on Garcia's 2004 and 2005 reappointments before the Court of Appeals docketed as CA-G.R. SP No. 94108 and CA-G.R. SP No. 93751, respectively.
By separate Decisions of June 4, 2008 and May 30, 2008,[5] the appellate court dismissed the petition in CA-G.R. SP No. 94108 (which is the subject of G.R. No. 185425), and CA-G.R. SP No. 93751 (which is the subject of G.R. Nos. 187303 and 187461), respectively.
In both Decisions, the appellate court ruled that since Garcia does not possess CES eligibility, "the CSC correctly disapproved his appointment.[6]
Reconsideration having been denied in both petitions, PCSO and Garcia filed separate petitions for review of the appellate court's decision.
By Resolution of June 16, 2009,[7] the Court consolidated the petitions.
In its Comment,[8] the CSC manifested that it had already issued on May 14, 2008 a permanent appointment in favor of Garcia as Department Manager III to thus render the present petitions moot. By Reply of June 6, 2009,9 the PCSO conceded that the issues raised in these consolidated petitions have become stale in view of the supervening event.
Garcia takes exception to the mootness of the petitions since the "CSC still flip-flops on its stand as to whether the position of Garcia as Department Manager III, and all those similarly situated, requires [Career Executive Service] eligibility."[10]
Garcia adds that CSC's inconsistency "evinces [its] temerity ...to arrogate unto itself unbridled discretion in issuing its resolutions;"[11] and that he would again be subjected to the same action by the CSC in the event that he is promoted or appointed to another position of equal rank. [12]
Indeed, the present petitions have been rendered moot following Garcia's permanent appointment as Department Manager III.
Garcia's position is speculative at best. To rule, one way or the other, on what the action of the CSC will take in case Garcia is promoted or transferred would be indulging in a theoretical exercise that has no practical worth in view of the supervening event.[13]
WHEREFORE, the petitions, having become moot, are DISMISSED."
Carpio, J., on official leave.
Abad, J., on official business.
"G.R. No. 18542 PHILIPPINE CHARITY SWEEPSTAKES OFFICE, petitioner, v. CIVIL SERVICE COMMISSION, respondent.
G.R. No. 187303 MANUEL C. GARCIA, petitioner, v. CIVIL SERVICE COMMISSION, respondent.
G.R. No. 187461 PHILIPPINE CHARITY SWEEPSTAKES OFFICE, petitioner, v. CIVIL SERVICE COMMISSION, respondent.
RESOLUTION
The Philippine Charity Sweepstakes Office (PCSO) appointed petitioner (in G.R. No. 187303) Manuel C. Garcia (Garcia) as Department Manager III of its Public Relations and Publicity Department on May 9, 2000 on a temporary basis.[1] Garcia's temporary appointment was renewed in 2001 and 2002. The Civil Service Commission, National Capital Region (CSC-NCR), approved Garcia's appointment as well as his subsequent reappointments "in the exigency of the service and to give the appointee time to acquire third level eligibility."[2]
On May 9, 2003, Garcia's temporary appointment was again renewed. This time, the CSC-NCR disapproved Garcia's 2003 reappointment since there were qualified eligibles within the PCSO who were willing to be appointed to the position.[3]
On appeal, the CSC, by Resolution No. 04-1415 dated December 16, 2004, affirmed the CSC-NCR's disapproval of Garcia's temporary appointment in 2003.[4]
The CSC's disapproval of Garcia's reappointment notwithstanding, the PCSO yet again reappointed him in 2004 and in 2005 to the same position. Both reappointments were likewise disapproved by the CSC-NCR and, subsequently, by the CSC upon appeal to it.
PCSO challenged the CSC's actions on Garcia's 2004 and 2005 reappointments before the Court of Appeals docketed as CA-G.R. SP No. 94108 and CA-G.R. SP No. 93751, respectively.
By separate Decisions of June 4, 2008 and May 30, 2008,[5] the appellate court dismissed the petition in CA-G.R. SP No. 94108 (which is the subject of G.R. No. 185425), and CA-G.R. SP No. 93751 (which is the subject of G.R. Nos. 187303 and 187461), respectively.
In both Decisions, the appellate court ruled that since Garcia does not possess CES eligibility, "the CSC correctly disapproved his appointment.[6]
Reconsideration having been denied in both petitions, PCSO and Garcia filed separate petitions for review of the appellate court's decision.
By Resolution of June 16, 2009,[7] the Court consolidated the petitions.
In its Comment,[8] the CSC manifested that it had already issued on May 14, 2008 a permanent appointment in favor of Garcia as Department Manager III to thus render the present petitions moot. By Reply of June 6, 2009,9 the PCSO conceded that the issues raised in these consolidated petitions have become stale in view of the supervening event.
Garcia takes exception to the mootness of the petitions since the "CSC still flip-flops on its stand as to whether the position of Garcia as Department Manager III, and all those similarly situated, requires [Career Executive Service] eligibility."[10]
Garcia adds that CSC's inconsistency "evinces [its] temerity ...to arrogate unto itself unbridled discretion in issuing its resolutions;"[11] and that he would again be subjected to the same action by the CSC in the event that he is promoted or appointed to another position of equal rank. [12]
Indeed, the present petitions have been rendered moot following Garcia's permanent appointment as Department Manager III.
Garcia's position is speculative at best. To rule, one way or the other, on what the action of the CSC will take in case Garcia is promoted or transferred would be indulging in a theoretical exercise that has no practical worth in view of the supervening event.[13]
WHEREFORE, the petitions, having become moot, are DISMISSED."
Carpio, J., on official leave.
Abad, J., on official business.
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court
Endnotes:
[1] Rollo (G.R. No. 185425), pp. 105-106.
[2] Id. at p. 10.
[3] Id. at 10-11.
[4] Ibid.
[5] Both penned by Associate Justice Marfene Gonzales-Sison with Associate Justices Amelita G. Tolentino and Lucenito N. Tagle concurring.
[6] Rollo (G.R. No. 185425), p. 33; rollo (G.R. No. 187303), p. 60.
[7] Rollo (G.R. No. 187461), p. 49.
[8] Rollo (G.R. No. 185425), pp. 168-188.
[9] Id. at 272-282.
[10] Id. at 293.
[11] Id. at 296.
[12] Id. at 297.
[13] Republic Telecommunications Holdings, Inc. v. Santiago, G.R. No 140338 August 7 2007 529 SCRA 232, 242-244.
