334894824 3 1 Medenilla vs Civil Service Commission G R No 93868 February 19 1991 Case Digest

MEDENILLA v. CIVIL SERVICE COMMISSION FACTS:

Petitioner was a contractual employee of the DPWH occupying theposition of Public Relations Ocer II. A reorganization reorganization ensue within th eDPWH an all the positions therein were abolishe. A re!ise stang patterntogether patterntogether with the guielines on the selection an placement of personnel wasissue. "his inclue the conteste position of #uper!ising Human ResourceDe!elopment ResourceDe!elopment Ocer to which position petitioner was appointe. Responentsloge Responentsloge a protest before the DPWH tas$ force on reorganization contesting theappointment theappointment of the petitioner to the position. %#% re!o$e re!o$e appointment. ISSUE/S:

Whether there is merit in the protest. HELD:

&o. While the appointing authority is gi!en the wie latitue of iscretion' to sustain the appointment of (eenilla may gi!e the appointingpower unnecessary opportunities to act capriciously an th us thwart thenatural an reasonable e)pectation of the ocer ne)t*in* ran$ to any !acantposition' to be promote to it.We it.We ha!e alreay rule on se!eral occasions that when the appointee is+uali,e' the %i!il #er!ice %ommission has no choice but to attest to theappointment. It is not within its prerogati!e to re!o$e re!o$e an appointee on thegroun that substituting its -ugment for that of the appointing power' another person has better +uali,cations for the  -ob.Once the function is ischarge' ischarge' the participation of the %i!il %i!il #er!ice% ommission in the appointment process ceases. "he only purpose of attest ation is to etermine etermine whether the appointee possesses the re+uisiteci!il ser!ice eligibility' no more than that is left for the %i!il #er!ic e%ommission to o. "he rationale of this octrine is that the power of app ointment is essentially iscretionary. "he iscretion to be grante to theappointing authority' if not plenary must at least be sucient

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