G.R. No. 92595 May 28, 1992
HON. MITA PARDO DE TAVERA, in her capacity as Chairman, Board of Commissioners, Population Commission of the Philippines, petitioner, vs. CIVIL SERVICE COMMISSION and FELIX SEVIDAL, respondents.

FACTS

Pursuant to Executive Order No. 123, the Population Commission (POPCOM) underwent reorganization. The position of Population Programs Coordinator was upgraded to Regional Director, requiring a Bachelor’s Degree in Health, Social/Behavioral Sciences, or other relevant courses. Petitioner Mita Pardo de Tavera, as POPCOM Chairman, notified private respondent Felix Sevidal, an incumbent Population Programs Coordinator, that he was not being considered for reappointment to the new position. Placido N. Triste, who held a Bachelor’s degree in Philosophy and a Masters in Public Management, was appointed instead. Sevidal appealed to the Civil Service Commission (CSC). The CSC initially directed a reevaluation but later, in a resolution dated October 20, 1989, ordered Sevidal’s reinstatement as Regional Director without loss of seniority rights and with back salary, finding his separation unlawful as he had never been found guilty of any offense. The CSC denied petitioner’s motion for reconsideration on February 28, 1990.

ISSUE

Whether the Civil Service Commission committed grave abuse of discretion in ordering the reinstatement of Felix Sevidal to the position of Regional Director despite his lack of the requisite educational qualification and despite a record raising serious questions about his moral fitness for public office.

RULING

Yes, the Civil Service Commission committed grave abuse of discretion. The Supreme Court granted the petition and annulled the assailed CSC resolutions. The Court held that the CSC’s directive to appoint Sevidal was a grave abuse of discretion amounting to lack of jurisdiction because Sevidal clearly lacked the minimum educational qualification for the upgraded position, being only a third-year college student. The CSC’s duty is to ensure only the qualified are admitted to public service. This abuse was compounded by the CSC’s dismissal of Sevidal’s derogatory record, which included past dismissal for forging a signature (though later reinstated), recommended criminal and administrative charges for dishonesty and technical malversation by the NBI, an order to reimburse unauthorized private telephone calls which he refused, and fomenting dissension and demoralization in his office. The Court found that non-conviction does not absolve one from being morally unfit, and such a record, under Executive Order No. 17, constituted valid grounds for separation as being unfit or for the interest of the service.