x x x x

SEC. 32. Merit Promotion Plans. — Each department or agency shall establish merit promotion
plans which shall be administered in accordance with the provisions of the Civil Service law and the
rules, regulations and standards to be promulgated by the Commission. Such plans shall include
provisions for a definite screening process, which may include tests of fitness, in accordance with
standards and guidelines set by the Commission. Promotion Boards may be organized subject to
criteria drawn by the Commission. (Underscoring supplied)
It is definite from the foregoing that the screening process is that which each department or agency
formulates and administers in accordance with the law, rules, regulations, and standards set by the
CSC. If neither the law nor the implementing rules and regulations define in specific terms or criteria
the particulars of the screening process, then each agency or department is empowered to formulate
its own screening processes subject to the standards and guidelines set by the CSC. The CA thus
correctly concluded that the appointing authority exercised the right of choice, freely exercising its
best judgment, in determining the best-qualified applicants from those who had the necessary
qualifications and eligibilities.

Yet, the petitioners, to bolster their argument that the screening process involved interview and
14
examination, cite CSC Resolution No. 04-0835,  and contend that the CSC declared therein the need
15
for the interview and written examination as a matter of policy instruction.  We cannot sustain the
contention. A perusal shows that CSC Resolution No. 04-0835 pertained to the violation of the three-
salary grade rule, not to the screening done during the selection process. Moreover, the disapproval of
the appointments involved herein was solely due to the exclusion from the selection process of the
petitioners despite their being the next in rank. In other words, the petitioners' reliance on CSC
Resolution No. 04-0835 was misplaced because it did not in any way support their claim that
screening necessarily included interview and examination. Indeed, screening should be viewed as the
procedure by which the Personnel Selection Boards (PSBs) undertake to determine the merit and
qualification of the applicants to be appointed to the positions applied for.

We reiterate that the appointments in question followed the mandate of the law. As observed by the
CSC-NCR in resolving the petitioners' Petition to Declare Selection Procedure Null and Void, the LTO's
PSB conducted the necessary screening of the applicants. The CSC-NCR thus concluded from the
review of the appointments that: "There is no doubt that Mr. Gaborni and Engr. Se meet the
16
qualification standards for appointment to the respective positions."  Furthermore, in resolving the
petitioners' Motion for Reconsideration, the CSC-NCR opined:
chanRoblesvirtualLawlibrary

This Office notes from the Deliberations of the LTO Selection and Promotion Board in its meeting dated
January 15, 2004 that Gaborni "has excellent qualifications being a Bachelor of Laws graduate, (and
that he is given) the maximum score on Outstanding Accomplishment and Potential because of his
performance as an effective and efficient Hearing Officer." With respect to Se, the LTO Selection and
Promotion Board gives as its reason, that he was given a rating of 5% on Outstanding
Accomplishment in recognition of his performance, which resulted in the success in the Cabinet
Meeting.17 ChanRoblesVirtualawlibrary

On its part, the CSC declared that the appointments had resulted from a deep selection process that
considered the appointees' superior qualities on educational achievements, highly specialised
18
trainings, relevant work experience, and consistent high performance rating/ranking.

II

The petitioners submit that the LTO-PSB composition and the MPP-SRP did not bear the approval of
the CSC as required by CSC MC No. 3, Series of 2001, viz.:
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SUBJECT: Revised Policies on Merit Promotion Plan

Pursuant to CSC Resolution No. 010114 dated January 10, 2001, the Commission hereby adopts the
following revised policies on Merit Promotion Plan. These policies developed and refined in consultation
with the different sectors of the government are as follows:

x x x x

21. All government agencies shall submit their Merit Promotion Plan to the Civil Service Commission
which shall take effect immediately upon approval. All subsequent amendments shall take effect
immediately upon approval by the Civil Service Commission.
The petitioners argue that CSC MC No. 3, Series of 2001, effectively amended the 1990 and 2000 MPP
of the LTO as apparent under its Section 21, supra; hence, the LTO had no authority to appoint
Gaborni and Se because it did not submit the MPP-SRP, supposedly the basis for the appointments, to
the CSC for approval; and that the absence of the provision allowing the use of the 1990-2000 MPP-
SRP in lieu of the 2003 required submission for the CSC's approval rendered the challenged
appointments invalid.

The arguments lack merit.

To begin with, the 1990 and 2000 MPP/SRP of the LTO remained effective. This effectiveness was
pronounced by the CSC-NCR:
chanRoblesvirtualLawlibrary

In the absence of a newly approved Merit Promotion Plan and System of Ranking Positions, the Board
made use of the MPP and SRP approved by then CSC Chair Patricia A. Sto. Tomas on August 1, 1990
and August 23, 2000, respectively. It can be said that existing MPP and SRP were still effective at the
time of deliberation. A review of said MPP shows that the selection was conducted in accordance with
the policies set therein.19 ChanRoblesVirtualawlibrary

The CSC-NCR properly applied the 1990 and 2000 MPP-SRP of the LTO despite the subsequent
issuance of CSC MC No. 3, Series of 2001. The petitioners cannot successfully assail the application of
the previous MPP-SRP on the ground that there was no exception established therein. The last
sentence of Section 21, supra - All subsequent amendments shall take effect immediately upon
approval by the Civil Service Commission - reveals the contrary. The phrase All subsequent
amendments obviously referred to the new MPPs submitted by the departments and agencies to the
CSC for its approval. What is plainly envisioned is the situation in which the departments and agencies
of the Government that had not submitted and secured the approval of their new MPPs could still
apply their existing MPPs in the interim. To adopt the petitioners' arguments would give rise to a
situation in which no appointments could be made in the meantime, thereby creating a vacuum in the
government offices that would likely cause a hiatus in the delivery of services to the public.

Accordingly, the CSC-NCR correctly held that CSC MC No. 3, Series of 2001, did not and could not
amend the MPP/SRP of the LTO. The provision, reasonably interpreted, should mean
that amendments pertained to the submitted MPPs. Hence, the CA's following declaration was
warranted:
chanRoblesvirtualLawlibrary

In this case, records show that on August 1, 1990, then CSC Chairman Patricia A. Sto. Tomas
approved the MPP of the LTO. Hence, when the LTO-CO-PSB screened the applicants for the positions
of Transportation Regulation Officer II and Administrative Officer IV, the MPP dated August 1, 1990
was used. Therefore, although the LTO had not submitted a new MPP pursuant to CSC Memorandum
Circular No. 3, s. 2001, it cannot be said that the LTO has no MPP, as in fact, the 1990 approved MPP
was used as basis for the screening and consideration of the qualifications of the contenders for the
positions. Hence, lack of MPP cannot be the basis for the recall of the approval of the appointments of
Se and Gaborni. Nevertheless, the LTO is enjoined to come up with its new MPP and have it approved
by the Commission.20 ChanRoblesVirtualawlibrary

The petitioners also submit that the similar lack of approval by the CSC of the LTO's PSB composition
invalidated the questioned appointments; that the CA erred in applying Memorandum Circular No. 4,
Series of 2005, which only required reporting of the changes in the PSB's composition contrary to CSC
MC No. 3, Series of 2001, which required approval; that considering that CSC MC No. 3, Series of
2001, was prevailing at the time of the appointments, and that there was no such approval, the LTO-
PSB could not recommend Gaborni and Se; and that because laws should have prospective
application, the reduced requirement of reporting in 2005 did not cure the CSC's lack of approval of
the PSB's composition in 2001.