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Rosales v. Yenko, 15 SCRA 766

The first document summarizes Rosales v. Yenko, which held that an interim appointment was incomplete because it was not released to and accepted by the appointee before action by the Commission on Appointments. The second document summarizes Office of the Ombudsman v. CSC, which held that Director II positions in the Office of the Ombudsman are not covered by the Career Executive Service because the Ombudsman, not the President, has appointing authority over those positions as an independent constitutional body. The CSC opinion denying amendment of qualification standards was set aside.

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360 views2 pages

Rosales v. Yenko, 15 SCRA 766

The first document summarizes Rosales v. Yenko, which held that an interim appointment was incomplete because it was not released to and accepted by the appointee before action by the Commission on Appointments. The second document summarizes Office of the Ombudsman v. CSC, which held that Director II positions in the Office of the Ombudsman are not covered by the Career Executive Service because the Ombudsman, not the President, has appointing authority over those positions as an independent constitutional body. The CSC opinion denying amendment of qualification standards was set aside.

Uploaded by

Thea Baltazar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Rosales v.

Yenko, 15 SCRA 766


FACTS: On 1961, petitioner was reappointed as Acting Chairman of the Board of
Examiners for Chemists. Subsequently, it was alleged that then President, Carlos P.
Garcia, signed petitioners ad interim appointment to the office for another term
expiring on July 15, 1964. However, a copy thereof was not transmitted to petitioner and
its original copy was not released from the Office of the President. Thereon, the
Commission on Appointment took cognizance of said appointment, and confirmed the
same.
However, by virtue of the Administrative Order No. 2, such appointment was
withdrawn, recalled and declared without effect. On 1962, President Diosdado
Macapagal appointed respondent Yenko as Acting Chairman of the Board of Examiners
for Chemists, who thereafter assumed the functions and duties of said office.
ISSUE: Whether or not Petitioners subsequent appointment was incomplete?
HELD: Yes, Petitioners last ad interim appointment was incomplete and that, as a
result, there was in fact and in law no ad interim appointment that could be validly
transmitted to, and acted upon by the Commission on Appointments on May 17, 1962.
Be it noted that ad interim appointment must be released to and accepted by appointee
before action by the Commission.
Office of the Ombudsman v. CSC 528 SCRA 535
FACTS: Ombudsman Simeon V. Marcelo requested to the CSC for the approval of the
amendment of qualification standards for Director II positions in the Central
Administrative Service and Finance and Management Service of the Office of the
Ombudsman. However, CSC denied the same claiming that such position is covered by
the Career Executive Service. Hence, the filing of petition for certiorari seeking to set
aside and nullify CSC Opinion No. 44, s. 2004.
ISSUE: Whether or not the Director II positions in the Central Administrative Service
and the Finance and Management Service of the Office of the Ombudsman are covered
by the Career Executive Service?
HELD: No. Book V, Title I, Subtitle A, Chapter 2, Section 7, Paragraph (3) of EO 292,
otherwise known as The Administrative Code of 1987, states that:
xxx

xxx

xxx

Positions in the Career Executive Service; namely, Undersecretary, Assistant


Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant
Regional Director, Chief of Department Service and other officers of equivalent rank
as may be identified by the Career Executive Service Board, all of whom are
appointed by the President;

xxx

xxx

xxx

Thus, the CES covers presidential appointees only.


Under the Constitution, the Ombudsman is the appointing authority for all officials and
employees of the Office of the Ombudsman, except the Deputy Ombudsmen. Thus, a
person occupying the position of Director II in the Central Administrative Service or
Finance and Management Service of the Office of the Ombudsman is appointed by the
Ombudsman, not by the President. As such, he is neither embraced in the CES nor does
he need to possess CES eligibility.
Under the Constitution, the Office of the Ombudsman is an independent body. As a
guaranty of this independence, the Ombudsman has the power to appoint all officials
and employees of the Office of the Ombudsman, except his deputies. As a corollary to
the Ombudsmans appointing and supervisory powers, he possesses the authority to
establish reasonable qualification standards for the personnel of the Office of the
Ombudsman.
Finally, CSC Opinion No. 44, s. 2004 was thereby SET ASIDE.

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