ANZALDO V.

CLAVE
119 SCRA 353

Due Process Administrative Due Process

FACTS:

Dr Anzaldo, 55, had been working in the National Institute of Science and Technology for 28
years. She was holding the position Scientist Research Associate IV when she was appointed as
Science Research Supervisor II. Her appointment was approved by the CSC in 1978. The position
was previously held by Dr Kintanar who recommended Dr Venzon to his position. Dr Venzon
contested the position. Dr Afable, the one who appointed Anzaldo, averred that Anzaldos
appointment was approved by the NIST evaluation Committee which gave 88 points to Anzalado
and 66 points to Venzon.

The issue was elevated to the Office of the president by Venzon. Clave was then the Presidential
Executive Assistant. Pursuant to PD 807 or the Civil Service Decree, Clave referred the issue to
the CSC. Clave was also holding the chairmanship of the CSC. Clave issued Res 1178 appointing
Venzon to the contested position.

After the denial of her motion for the reconsideration of that resolution, or on January 5, 1980,
Anzaldo appealed to the Office of the President of the Philippines. Since Clave was holding the
office of PEA he just affirmed his decision as the CSC chairman.

ISSUE:

Whether or not Anzaldo was denied of his right of due process.

RULING:

YES. Where a Presidential Assistant renders a decision concurring with the recommendation of
the Civil Service Commission which he heads

The SC ruled in favor of Anzaldo. When PEA Clave said in his decision that he was inclined to
concur in the recommendation of the Civil Service Commission, what he meant was that he was
concurring with Chairman Claves recommendation: he was concurring with himself. It is evident
that Anzaldo was denied due process of law when Presidential Executive Assistant Clave
concurred with the recommendation of (himself) Chairman Clave of the Civil Service
Commission. Due process of law means fundamental fairness. It is not fair to Anzaldo that PEA
Clave should decide whether his own recommendation as Chairman of the CSC, as to who
between Anzaldo and Venzon should be appointed Science Research Supervisor II, should be
adopted by the President of the Philippines.

Due process of law means fundamental fairness. It is not fair to Doctor Anzaldo that Presidential
Executive Assistant Clave should decide whether his own recommendation as Chairman of the Civil Service
Commission, as to who between Doctor Anzaldo and Doctor Venzon should be appointed Science
Research Supervisor II, should be adopted by the President of the Philippines.