Osea vs.

Malaya
FACTS
Osea filed a petition praying for Malaya's appointment as Schools Division
Superintendent of Camarines Sur be recalled and set aside for being null and void. Osea
avers that Malaya's appointment was made w/o prior consultation with the local school
board, in violation of Sec. 99 of the LGC. Said provision states that DECS shall consult
the local school boards on the appointment of division superintendents, district
supervisors, school principals, and other school officials.

CSC dismissed the petition, on the pretext that Sec. 99 contemplates a situation
where DECS issues the appointment. In this case however, Malaya's appointment was
made by the President, in the exercise of his appointing power. Moreover, the designation
of Malaya as Schools Division Superintendent of Camarines Sur and of Osea as Schools
Division Superintendent of Iriga City were in the nature of reassignments, in which case
consultation with the local school board was unnecessary.

ISSUE: Whether respondent's designation is valid

HELD
Yes. The designation of Malaya as Schools Division Superintendent of Camarines
Sur was not a case of appointment. Her designation partook of the nature of a
reassignment from Iriga City, where she previously exercised her functions as Officer-in-
Charge-Schools Division Superintendent, to Camarines Sur.

Sec. 99 of the LGC only pertains to appointments made by DECS because at the
time of its enactment, schools division superintendents were appointed by the DECS to
a specific division or location. In 1994, the Career Executive Service Board placed the
positions of schools division superintendent and assistant schools division superintendent
within the career executive service. Consequently, the power to appoint persons to career
executive service positions was transferred from DECS to the President. This
appointment may not be specific as to location. The prerogative to designate the
appointees to their particular stations was vested in DECS.

In the case at bar, the appointment issued by President Ramos in favor of Malaya
to the Schools Division Superintendent position on September 3, 1996 did not specify her
station. It was Secretary Gloria who assigned and designated her to the Division of
Camarines Sur, and Osea to the Division of Iriga City.