9) Español vs Civil Service Commission

Facts:
This is a special civil action for certiorari wherein the petitioner seeks to reverse the
resolution confirming the appointment of private respondent Orlando Bulseco by the
Merit Systems Protection Board.

In September 1986, the position of Regional Manager of the National Irrigation

Administration in Cauayan, Isabela (Regional Office No. 2) became vacant.

Prior to that time, petitioner was Chief of the Engineering Division while respondent
Bulseco was Chief Design Engineer. In the organizational chart of the National Irrigation
Administration, the Chief Design Engineer is below the Chief of the Engineering
Division, hence, the position which the petitioner held is considered next-in-rank position
of Regional Manager.

However, it was Bulseco who was appointed to the vacant position. Petitioner then filed
a letter of protest with the Merit Systems Protection Board (MPSB) alleging that he is an
employee next-in-rank to the position of Regional Manager, and that he has promotional
priority over Bulseco.

MPSB referred the protest to the NIA Administration, which was then dismissed for lack
of merit on the ground that “in the evaluation conducted, Mr. Bulseco has advantage
over Mr. Español on the factors of performance and potential.

An appeal was made to the MSPB. MSPB ruled on the factors such as educational
attainment, experience, eligibility, and training. It ruled that the individual qualifications
of the contestants exceed the qualification requirements, especially that Bulseco
(meaning nun, magaling sila pareho LALO na si Bulseco). But because of the
organizational chart of NIA, it appointed instead the petitioner, and not Bulseco.

Then Bulseco appealed to the Civil Service Commission, reversing the decision of
MSPB. It was then found that:
1) Prior to Bulseco’s appointment, he was then Project Manager of the Chico
River Project, which job level 22 as compared to a Division Manager (level 20)
(position to ni Español, so mas mataas na pala dati si Bulseco).

2) While Español was already a Chief Regional Engineer, Bulseco accepted an

offer for a position of Irrigation Consultant in Indonesia. When Bulseco came
back from abroad, he was offered the only available position of Chief Design
Engineer. (so obviously may demotion pero accept nalang pa rin ni Bulseco).

3) CSC said that yes, there is merit to Español’s contention, because indeed in
the actual plantilla position, Bulseco is still under Español…
 4) BUT, Bulseco, because of his designations, performed duties and functions
appurtenant to that of Provincial Irrigation Manager and Coordinator of National
Irrigation Systems Improvement Project, which are postitions of equal and next-
in-rank, respectively to the contested position.

Issue: W/N the petitioner should be appointed with the position of Regional Manager
and not Bulseco

Ruling:

No. Although Section 4 of the CSC Resolution states that “An employee who hold a
next-in-rank position who is deemed the most competent and qualified x x x shall be
promoted to the position when it becomes vacant,” the MPSB overlooked the second
paragraph of the same section:

‘However, the appointing authority may promote an employee who is not next-in-
rank but, who possesses superior qualification and competence compared to a
next-in-rank.’

The petitioner argues on the basis of the organizational chart of the NIA, and further
argues that although other contestants may have their own merits, the person next-in-
rank which is him, cannot be appointed only if he merely meets the requirements. The
Court ruled that this contention is devoid of merit.

The Court further rule that appointment is essentially discretionary. It must be performed
by the officer in whom it is vested according to his best lights, the only condition is that
the appointee shall possess the qualifications required by law.

It was held that where respondent commission has acknowledged that both the
petitioner and the private respondent were qualified for the contested position, that
recognition alone rendered it functus officio in the case and prevented it from acting
further thereon except to affirm the validity of the appointment made by the head of the
office.

In this case, it is true that both Español and Bulseco exceed the qualification standards
for appointment to the position Regional Manager, but the Administrator already found
that Bulseco is more qualified than petitioner. In this fact alone, should have restrained
MSPB from acting on (remember the appeal from the first filing of letter of opposition?).
Since MPSB ruled that out and instead used the next-in-rank rule, the Court applied
what was held by Taduran in a previous jurisprudence that there is no mandatory nor
peremptory requirement in the rule that persons next-in-rank are entitled to preference
in appointment. What it does is that they would be among the first to be considered for
the vacancy if qualified, and if the vacancy is not filled by promotion, the same shall be
filled by transfer or other modes of appointment.