San Juan Vs CSC

Reynaldo San Juan (Petitioner) vs Civil Service Commission, Department of Budget and
Management, and Cecilia Almajose (Respondents)
Date: April 19, 1991
Ponente: Gutierrez, Jr., J.
Facts:
- On March 22, 1988, the position of Provincial Budget Officer (PBO) for the province of Rizal was left
vacant.
- Gov. San Juan of Laguna informed Director Abella of DBM Region IV that Dalisay Santos assumed
office as Acting PBO, and requested Director Abella to endorse the appointment of Santos to the
position of PBO of Rizal.
- Director Abella recommended the appointment of Cecilia Almajose as PBO since she was the most
qualified. DBM Undersecretary Cabuquit signed the appointment papers of Almajose upon the said
recommendation.
- Gov. San Juan protested the said appointment of Almajose on the grounds that Cabuquit is not
legally authorized to appoint the PBO; and that under EO 112 1, it is the Provincial Governor, not the
Regional Director or a Congressman, who has the power to recommend nominees for the position of
PBO.
- DBM, through its Director of the Bureau of Legal & Legislative Affairs (BLLA) Virgilio Afurung, ruled
that Gov. San Juan's protest is not meritorious as DBM validly exercised its prerogative in filling-up
the contested position since none of the San Juan's nominees met the prescribed requirements.
- DBM Secretary denied San Juan's MR. San Juan wrote to CSC contesting the appointment. CSC
made a Resolution dismissing the appeal of San Juan.
- Hence, San Juan filed the present petition for certiorari with the SC.
Issue/Reasoning:
Issue: Whether Almajose is lawfully entitled to discharge the title of PBO (No. She was appointed
without authority.)
- San Juan invokes Sec 1 of EO 1122. He states that the phrase "upon recommendation of the local
chief executive concerned" must be given mandatory application in consonance with the state policy of
local autonomy. He further argues that his power to recommend be defeated by aa administrative
issuance of DBM reserving to itself the right to fill-up any vacancy in case the nominees do not meet
the qualification requirements
- CSC justified its ruling by saying that the recommendation of the local chief executive is merely
directory and not a condition sine qua non to the exercise by the Secretary of DBM of his appointing
1 PLACING ALL BUDGET OFFICERS OF PROVINCES, CITIES AND MUNICIPALITIES UNDER THE
ADMINISTRATIVE CONTROL AND TECHNICAL SUPERVISION OF THE MINISTRY OF BUDGET AND
MANAGEMENT
2 All budget officers of provinces, cities and municipalities shall be appointed henceforth by the Minister of Budget and
Management upon recommendation of the local chief executive concerned, subject to civil service law, rules and regulations, and
they shall be placed under the administrative control and technical supervision of the Ministry of Budget and Management.
prerogative; and that the PBO has been nationalized and is directly under the control and supervision
of the DBM Secretary.
- The issue at hand involves the application of the constitutional policy of local autonomy. The clear
mandate on local autonomy must be obeyed. Thus, where a law is capable of two interpretations, the
scales must be weighed in favor of autonomy.
- The exercise by local governments of meaningful power has been a national goal since the turn of
the century.
- McKinley's Instructions directed to give top priority to making local autonomy effective.
- 1935 Constitution provided that he has control of all the executive departments, but exercises
general supervision over all local governments as may be provided by law.
- Tecson v. Salas: “supervision... the power or authority of an officer to see that subordinate
officers perform their duties. If the latter fail or neglect to fulfill them the former may take such
action or step as prescribed by law to make them perform their duties... Control... means the
power of an officer to alter or modify or nullify or set aside what a subordinate had done in the
performance of their duties and to substitute the judgment of the former for that of the latter.”
- Principle of government in 1973 Constitution: “The State shall guarantee and promote the
autonomy of local government units, especially the barangay to ensure their fullest development as
self-reliant communities.”
- The exercise of greater local autonomy is even more marked in the present Constitution 3.
- When the CSC's interpretation went against the letter and spirit of the constitutional provisions on
local autonomy. Local Budget Circular No. 31 which states: “The DBM reserves the right to fill up any
existing vacancy where none of the nominees of the local chief executive meet the prescribed
requirements” is ultra vires and is, accordingly, set aside. DBM may appoint only from the list of
qualified recommendees by the Governor. If none is qualified, he must return the list of nominees to
the Governor explaining why no one meets the legal requirements and ask for new recommendees.
- The PBO is expected to synchronize his work with DBM. More important, however, is the proper
administration of fiscal affairs at the local level. They are prepared by the local officials who must work
within the constraints of those budgets. They are not formulated in the inner sanctums of an all-
knowing DBM
Dispositive: Petition granted. CSC resolution set aside. Appointment of Almajose nullified.
3 Sec 25, Art II. Art X on Local Governments, specifically Secs 2, 3, and 14.

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Reynaldo San Juan (Petitioner) vs Civil Service Commission, Department of Budget and

Management, and Cecilia Almajose (Respondents)

Date: April 19, 1991

Ponente: Gutierrez, Jr., J.

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