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[G.R. No. 143525. July 26, 2000]

ALFRED R. FIGUERAS vs. MIGUEL T. FIGUERAS, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 26 2000.

G.R. No. 143525 (Alfred R. Figueras v. Miguel T. Figueras and Carmelita T Angco.)

Petitioner Alfred R. Figueras is the mayor of Sto. Domingo, Ilocos Sur. He filed criminal complaints in the Office of the Ombudsman, charging Miguel T. Figueras, Jr., vice mayor, and Carmelita T. Angco, human resources management officer of the same municipality, with falsification of public document and usurpation of authority. He alleged that the two conspired in securing the appointment of Rodel Tagorda as secretary of the sangguniang bayan by deleting petitioner's name in the certification submitted to the Civil Service Commission. The certification read:

SERTIPIKASYON

Ito ay pagpapatunay na ang nahirang ay nagdaan sa pagsusuri ng Personnel Certification Board ay kwalipikado.

(Sgd.) MIGUEL T. FIGUERAS, JR., M.D.

Chairman

Personnel Selection Board

Petitioner alleged that he should have been asked to sign the certification since he is the chairman of the personnel selection board or PSB.

Respondent Miguel T. Figueras, Jr. admitted he had signed the certification. He maintained, however, that he did so in good faith since under the Local Government Code, the power to appoint the secretary of the sangguniang bayan is vested in him. In addition, respondent Angco claimed that she presented Tagorda's appointment papers to complainant, but the latter declined to sign his name on the space for that purpose precisely because respondent vice-mayor is the appointing authority under the law. She also mentioned that through mistake she failed to change the words "Chairman, Personnel Selection Board" to "Appointing Authority and Vice-Mayor and Presiding Officer."

The Office of the Deputy Ombudsman for Luzon dismissed the complaint for lack of prima facie case against respondents. Hence this petition for certiorari.

The only issue in this petition is whether the Deputy Ombudsman for Luzon acted with grave abuse of discretion in dismissing the complaint on the ground that respondents had acted in good faith.

R.A. No. 7160, �445(a)(2) provides that "Subject to civil service law, rules and regulations, [the vice-mayor shall] appoint all officials and employees of the sangguniang bayan, except those whose manner of appointment is specifically provided in this Code." This is also provided in Resolution No. 94-7153 of the Civil Service Commission. As correctly held by the Deputy Ombudsman, the good faith of the respondent vice-mayor is buttressed by the fact that, under the Local Government Code and Civil Service Rules, he is indeed the appointing authority and the one empowered to certify the appointment of the secretary of the sangguniang bayan.

Nonetheless, it is contended that "even assuming that respondent vice-mayor is the appointing authority for the subject position, the same did not authorize him to misrepresent himself as the chairman of the PSB." This contention has no merit. It does not matter whether the title in the certification refers to chairman of the PSB who, incidentally, has no power to appoint the secretary of the sangguniang bayan. What is material is whether the one whose signature appears therein is vested with the power to appoint the person named therein. As already stated, the respondent vice-mayor is the appointing authority, and, therefore, he cannot be faulted for signing the certification regardless of the title appearing in said certification.

For the foregoing reasons, the Court RESOLVED to DISMISS the petition for lack of showing that the Deputy Ombudsman for Luzon committed grave abuse of his discretion.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court�

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