CASE PROV.

OF CAM SUR V CA
REF/DATE/PONENTE G.R. No. 104639, JULY 14,1995, KAPUNAN, J.:
SUBJ/LAW ADMIN LAW
CASE AID Entitlement of Backwages upon Termination of Office

FACTS

Tito Dato was appointed as a Private Agent by the Gov. of CAMSUR and later been promoted and appointed Asst.
Provincial Warden by the incumbent Governor. But, he did not acquire the permanent status on his position due to lack of
civil service eligibility. Thereafter, his appointment was extended as temporary appointment and renewed annually.

Later on, Dato finally had the permanent status as the CSC issued his position status from temporary to permanent status
and the change was to be made retroactively. But, the Prov of CAMSUR contested that his eligibility in his status started
only upon the effective date of release of his permanent appointment.

ISSUE

Whether or not the status of Dato is temporary in his position.

HELD

YES. Upon the implementation of Rules on Personal Action and Policies Sec 19 provides that, “eligibility resulting from
civil service examination…shall be effective on the date on the release of the results of the examination”. Therefore, the
decision of the CSC upon the service eligibility of Tito Dato will fall under the rules and procedure of the CSC. The
foregoing is a clear arrogation or power properly belonging to the appointing authority. CSC has the power to approve or
disapprove an appointment set before it. It does not have the power to make the appointment itself or to direct the
appointing authority to change employment status of an employee. The CSC can only inquire into the eligibility of the
person chosen to fill a position and if it finds the person qualified it must so attest. If not, the appointment must be
disapproved. The letter being issued stated that his status will be change from temporary to permanent status was not valid
because of the absence of the signature of the proper officer of the CSC
Based on the foregoing, Dato being a merely a temporary employee, is not entitled to the relief he seeks, including
his claim for back wages for the entire period of his suspension.

WHEREFORE, premises considered, the appealed decision is hereby reversed and the petition for mandamus
instituted by herein private respondent Dato is hereby DISMISSED.

SO ORDERED.