Modesto Agyao vs.

CSC
GR No. 182591
January 18, 2011

FACTS:

Petitioner was re-appointed, following the expiration of his previous temporary appointment, to PEZA
Director II by the PEZA Director-General de Lima. The appointment was submitted to the Civil Service
Commission. The re-appointment was invalidated by the CSC as petitioner lacked the prescribed Career
Executive Service Office/Career Service Executive Examination (CESO/CSEE) qualifications. The CSC ruled
that the position of PEZA Director II is above the Division Chief level, which falls properly under level 3, or
Career Executive Service. Petitioner appealed to the Court of Appeals, which sustained the ruling of the
CSC.

ISSUE:
Whether or not PEZA Director II falls under level 3 or Career Executive Service, of the Administrative
Code.

HELD:

Petition is impressed with merit.

It has been held in a long line of Jurisprudence that for a position to fall under Career Executive Service,
the appointing authority must be the President of the Philippines. The Administrative code makes this
classification based on the Constitutional powers granted to the President. As such, any deviation of
interpretation would not only be against the prevailing law (i.e. Administrative Code), but also be
unconstitutional. The position of PEZA Director II is appointed by the PEZA Director-General, not by the
President of the Philippines. Hence, the CESO/CSEE requirements are not needed by the appointee.
Office of the Ombudsman vs. Civil Service Commission
GR No. 159940
February 16, 2005

FACTS:

On 31 Jul 2002, Melchor Arthur Carandang, Paul Elmer Clemente, and Jose Tereso de Jesus, Jr. were
appointed Graft Investigation Officers III of the Office of the Ombudsman. The Civil Service Commission
approved such appointments on the condition that appointees must obtain CES or CSE eligibility to acquire
security of tenure. Carandang and Clemente had been conferred with CSE eligibility on 06 Jun 2003.

ISSUE:
Whether or not de Jesus’ appointment may be properly changed from temporary status to permanent
despite non-compliance with the eligibility requirement for the position of Graft Investigation Officer III.

HELD:

YES. Under P.D.No. 807, Section 9(h) which authorizes the CSC to approve appointments to postitions in
the civil service, except those specified therein, its authority is limited only to whether or not the
appointee possess the legal qualifications and the appropriate eligibility, nothing else. Third level eligibility
is not required for third level officials appointed by the Ombudsman in light of the provisions of the
Constitution vis a vis the Administrative Code of 1987.