CMM DIGEST

Laurel v. CSC
October 28, 1991
G.R. No. 71562
(The Law on Public Officers, Civil Service Laws, Election Laws)

Petitioner: Laurel V (provincial governor of Batangas)

Respondent: CSC; Sangalang
Ponente: Davide
FACTS:
Laurel V (governor of Batangas) did the following:
1. Appointed his brother Benjamin as Senior Executive Assistant in the Office of the Governor (non-career
service position which belongs to the personal and confidential staff of an elective official).
2. Designated his brother as Acting Provincial Administrator
3. Promoted his brother to Civil Security Officer (CSC classified as primarily confidential)
Sangalang wrote to CSC:
1. Provincial Admin is a career position.
2. Appointment violates CSC
Defense of Laurel:
1. No violation of nepotism rule on Senior Exec Assistant and Civil Service Officer since both are confidential.
2. Re: position of Provincial Admin, no violation also since it was a mere designation, not appointment.
CSC: The designation of Benjamin as Acting Provincial Admin is nepotic.
ISSUE:
(1) Is the position of Provincial Administrator primarily confidential? NO!
(2) Does the rule on nepotism apply to designation? YES!
(3) May a private citizen who does not claim any better right to a position file a verified complaint with the Civil Service
Commission to denounce a violation by an appointing authority of the Civil Service Law and rules? YES!
RATIO:
(Note this case said that if a position is primarily confidential, Sec 49 of PD 807 on Nepotic appointments does not
apply).
(1) Provincial Admin is NOT PRIMARILY CONFIDENTIAL.
In his letter to CSC, he said that the position is not primarily confidential since it belongs to career service (note: seems
like primarily confidential is automatically non-career).
Even assuming there is no estoppel, the position of provincial admin is CAREER SERVICE.
QUALIFICATIONS:
1. Bachelors degree in Law or Public/Business admin
2. 6 yeas of responsible experience in planning, of government operations.
3. Eligibility exam RA 1080 (BAR)/Personnel Management Officer/Career Service (Professional)/First
Grade/Supervisor).
DEFINITION: responsible for the overall coordination of the activities of the various national and local agencies in
the province; and general planning, direction and control of the personnel functions and the administrative
services of the Governor's Office.
It is an OPEN CAREER POSITION for appointment to it requires prior qualification in an appropriate examination.
It is SECOND LEVEL (shall include professional, technical, and scientific positions which involve professional,
technical, or scientific work in a non-supervisory or supervisory capacity requiring at least four years of college
work up to Division Chief level)
Not being primarily confidential, appointment thereto must, inter alia, be subject to the rule on nepotism.
Also, Laurel cannot designate his brother as Acting Provincial Admin (a career position) since at that time, Benjamin was
Senior Exec Ass and Civil Security Officer both primarily confidential positions in non-career service. Section 24(f) of

CMM DIGEST
Laurel v. CSC
October 28, 1991
G.R. No. 71562
(The Law on Public Officers, Civil Service Laws, Election Laws)
R.A. No. 2260 provides that no person appointed to a position in the non- competitive service (now non-career) shall
perform the duties properly belonging to any position in the competitive service (now career service).
(2)
His specious and tenuous distinction between appointment and designation is nothing more than either a ploy
ingeniously conceived to circumvent the rigid rule on nepotism or a last-ditch maneuver to cushion the impact of its
violation. The rule admits of no distinction between appointment and designation. Designation is also defined as "an
appointment or assignment to a particular office"; and "to designate" means "to indicate, select, appoint or set apart for
a purpose or duty.
Section 49 of P.D. No. 807 does not suggest that designation should be differentiated from appointment. Reading this
section with Section 25 of said decree, career service positions may be filled up only by appointment, either permanent
or temporary; hence a designation of a person to fill it up because it is vacant, is necessarily included in the term
appointment, for it precisely accomplishes the same purpose. Moreover, if a designation is not to be deemed included
in the term appointment under Section 49 of P.D. No. 807, then the prohibition on nepotism would be meaningless and
toothless. Any appointing authority may circumvent it by merely designating, and not appointing, a relative within the
prohibited degree to a vacant position in the career service
(3)
The letter-complaint of Sangalang was validly given due course by public respondent. Undoubtedly, as shown above, there
was a violation of law committed by petitioner in designating his brother as Acting Provincial Administrator. Any citizen of
the Philippines may bring that matter to the attention of the Civil Service Commission for appropriate action conformably
with its role as the central personnel agency to set standards and to enforce the laws and rules governing the selection,
utilization, training and discipline of civil servants, with the power and function to administer and enforce the Constitutional
and statutory provisions on the merit system. Moreover, Section 37 of the decree expressly allows a private citizen to
directly file with the Civil Service Commission a complaint against a government official or employee, in which case it may
hear and decide the case or may deputize any department or agency or official or group of officials to conduct an
investigation. The results of the investigation shall be submitted to the Commission with recommendation as to the penalty
to be imposed or other action to be taken. This provision gives teeth to the Constitutional exhortation that a public office is
a public trust and public officers and employees must at all times be, inter alia, accountable to the people. An ordinary
citizen who brings to the attention of the appropriate office any act or conduct of a government official or employee which
betrays the public interest deserves nothing less than the praises, support and encouragement of society. The vigilance of
the citizenry is vital in a democracy.