La Carlota City v.
Rojo
G.R. No. 181367 – Apr. 24, 2012
J. Carpio
Digest Author: Ian Serrano
Topic: Local Governments – Common Officials (Appointive)
Petitioners: La Carlota City, Negros Occidental, represented by its Mayor, Hon. Jeffrey P. Ferrer, and
the Sangguniang Panlungsod of La Carlota City, Negros Occidental, represented by its Vice-Mayor, Hon.
Demie John C. Honrado
Respondent: Atty. Rex G. Rojo
Doctrines: No person shall be appointed secretary to the sanggunian unless he is a citizen of the
Philippines, a resident of the local government unit concerned, of good moral character, a holder of a
college degree preferably in law, commerce or public administration from a recognized college or
university, and a first grade civil service eligible or its equivalent.
FACTS:
1. On March 18, 2004, the then Vice-Mayor Rex R. Jalandoon of La Carlota City, Negros
Occidental appointed Atty. Rex G. Rojo (“Rojo”) who had just tendered his resignation as
member of the Sangguniang Panlungsod the day preceding such appointment, as Sangguniang
Panlungsod Secretary.
a. The status of the appointment was permanent.
2. The next day, March 19, 2004, the Vice-Mayor submitted Rojo’s appointment papers to the Civil
Service Commission Negros Occidental Field Office (“CSCFO-Negros Occidental”) for
attestation.
a. In a Letter dated March 24, 2004, the said CSCFO wrote Jalandoon to inform him of the
infirmities the office found on the appointment documents, i.e. the Chairman of the
Personnel Selection Board and the Human Resource Management Officer did not sign the
certifications, the latter relative to the completeness of the documents as well as to the
publication requirement.
b. In view of the failure of the appointing authority to comply with the directive, the said
CSCFO considered the appointment of Rojo permanently recalled or withdrawn, in a
subsequent Letter to Jalandoon dated April 14, 2004.
CASE TRAIL:
o CSC Regional Office No. 6
a. Decision: in favor of Rojo; reversed the CSCFO’s earlier ruling
b. Regarding the petitioners’ argument that Rojo was a midnight appointee, the CSC Regional
Office No. 6 ruled that Rojo’s appointment on March 18, 2004 was made outside the period
of the election ban from March 26 to May 9, 2004
o CSC
a. Decision: dismissed the appeal
o CA
a. Decision: denied the petition
b. Found that Rojo met the minimum qualifications for the position of Secretary of the
Sanggunian, as enumerated under Section 469 (b), Article I, Title V of the Local Government
Code.1
i. In fact, the CA held that he is more than qualified for the position considering that
respondent is a lawyer and an active member of the bar.
c. Furthermore, the requirements for the appointment of Rojo have been substantially complied
with: (a) publication; (b) Personnel Selection Board deliberation; and (c) certification from
the appropriate offices that appropriations or funds are available for the position.
ISSUES + HELD:
1. W/N Rojo’s appointment was illegal – NO.
o Since Rojo’s appointment was validly issued on 18 March 2004, then the appointment
did not violate the election ban period which was from 26 March to 9 May 2004.
o Indeed, the Civil Service Commission found that despite the lack of signature and
certification of the Human Resource Management Officer of La Carlota City on Rojo’s
appointment papers, his appointment is deemed effective as of 18 March 2004
considering that there was substantial compliance with the appointment requirements,
thus:
Records show that Atty. Rojo’s appointment was transmitted to the CSC Negros
Occidental Field Office on March 19, 2004 by the office of Gelongo (digest
author’s note: no mention who this person is) without his certification and
signature at the back of the appointment.
Nonetheless, records show that the position to which Atty. Rojo was appointed
was published on January 6, 2004.
The qualifications of Atty. Rojo were deliberated upon by the Personnel
Selection Board on March 5, 2004, attended by Vice Mayor Jalandoon as
Chairman and Jose Leofric F. De Paola, SP member and Sonia P. Delgado,
Records Officer, as members.
Records likewise show that a certification was issued by Vice Mayor Jalandoon,
as appointing authority, that the appointment was issued in accordance with the
limitations provided for under Section 325 of RA 7160 and the said appointment
was reviewed and found in order pursuant to Section 5, Rule V of the Omnibus
Rules Implementing Executive Order No. 292.
Further, certifications were issued by the City Budget Officer, Acting City
Accountant, City Treasurer and City Vice Mayor that appropriations or funds are
available for said position.
Apparently, all the requirements prescribed in Section 1, Rule VIII in CSC
Memorandum Circular No. 15, series of 1999, were complied with.
RULING: Petition denied.
1
LGC, Sec. 469. Qualifications, Powers and Duties. (b) No person shall be appointed secretary to the sanggunian
unless he is a citizen of the Philippines, a resident of the local government unit concerned, of good moral character,
a holder of a college degree preferably in law, commerce or public administration from a recognized college or
university, and a first grade civil service eligible or its equivalent.
