Province of Camarines Sur vs. CA | CASE DIGEST

PROVINCE OF CAMARINES SUR THROUGH ITS GOVERNOR, SANGGUNIANG PANLALAWIGAN AND PROVINCIAL TREASURER, VS. 

COURT OF APPEALS AND TITO B. DATO

G.R. No. 104639, July 14, 1995

On October 12, 1972, private respondent Tito Dato was granted a temporary appointment as Assistant Provincial Warden by then Governor Felix Alfelor, Sr which was renewed annually. On January 1, 1974, Governor Alfelor approved the change in Dato's employment status from temporary to permanent upon the latter's representation that he passed the civil service examination for supervising security guards.  Said change of status however, was not favorably acted upon by the Civil Service Commission (CSC) reasoning that Tito Dato did not possess the necessary civil service eligibility for the office he was appointed to.  His appointment therefore remained temporary.

On March 16, 1976, private respondent Tito Dato was indefinitely suspended by Governor Alfelor after criminal charges were filed against him and a prison guard for allegedly conniving and/or consenting to evasion of sentence of some detention prisoners who escaped from confinement. After a period, Dato was acquitted of the charges against him and requested the Governor for reinstatement and back wages but was denied. As consequence, Dato filed an action for mandamus before the Regional Trial Court of Pili, Camarines Sur which renders decision in his favor.

On appeal, the CA affirmed the trial court’s decision. In due course, petitioner, Province of Camarines Sur appealed the said decision to the Court of Appeals.

ISSUE:
 Whether private respondent Tito Dato was a permanent employee of petitioner Province of Camarines Sur thus entitled to benefits.

RULING:
 No.  The Court has defined the parameters within which the power of approval of appointments shall be exercised by the Civil Service Commission.  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 the 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 duty of the CSC is to attest appointments and after that function is discharged, its participation in the appointment process ceases.

Based on the foregoing, private respondent Tito Dato, being 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.