Notice of Decision Dated October 21, 2014 Decision No. 14-0818, Re: De Guzman, Silveria C. Designation (Appeal) (NDC-2014-05002)

July 14, 2015 BLGF MEMORANDUM CIRCULAR NO. 014-15 TO : BLGF Regional Directors of this Bureau, Provincial, City and Municipal Treasurers and Others Concerned SUBJECT : Notice of Decision Dated October 21, 2014 Decision No. 14-0818, Re: De Guzman, Silveria C. Designation (Appeal) (NDC-2014-05002) For the information and guidance of all concerned, attached is a copy of the Civil Service Commission Notice of Decision dated October 21, 2014, regarding the above subject matter. The BLGF Regional Directors are hereby instructed to take note of the above and disseminate the contents to all provincial, city and municipal treasurers and to all others concerned. Please be guided accordingly. (SGD.) SALVADOR M. DEL CASTILLO OIC-Executive Director ATTACHMENT Civil Service Commission De Guzman, Silveria C. Re : Designation (Appeal) (NDC-2014-05002) Notice of Decision Sir/Madam : The Commission promulgated on October 21, 2014 Decision No. 14-0818 on the above-cited case, copy attached. Its original is on file with this Commission. ATICcS October 22, 2014 Very truly yours, Signed by representative DOLORES B. BONIFACIO Director IV Commission Secretariat and Liaison Office CSC DECISION NO. 140818 DE GUZMAN, SILVERIA C. RE : Designation (Appeal) (NDC-2014-05002) DECISION Rosalina B. Caldona, Assistant Municipal Treasurer, Municipal Government of Basista, Pangasinan, files an appeal from the Letter dated February 28, 2014 of Salvador M. Del Castillo, Officer-in-Charge (OIC)-Executive Director, Bureau of Local Government Finance (BLGF), denying her motion to revoke/recall the designation of Silveria C. De Guzman, Senior Bookkeeper, Office of the Municipal Accountant, same local government unit, as OIC Municipal Treasurer under Regional Special Personnel Order No. 1309-043 dated September 30, 2013 issued by Director Peter Paul D. Baluyan, BLGF Regional Office No. I, City of San Fernando, La Union. Pertinent portions of the Letter dated February 28, 2014 of OIC-Executive Director Del Castillo read, as follows: "It appears on record that Ms. De Guzman substantially met the requirements for the position under Section 470 of RA 7160, considering that she is a graduate of Bachelor of Science in Commerce, a career service professional, and she has more or less twenty years of experience in treasury and accounting service. xxx xxx xxx "Foregoing considered, we regret to inform you that your motion to revoke/recall the designation of Ms. De Guzman as OIC-Municipal Treasurer of Basista, Pangasinan, under Regional Special Personnel Order No. 1309-043 dated September 30, 2013, may not be granted." In her appeal, Caldona advanced the following arguments: xxx xxx xxx "18. It is submitted that both complainant-appellant and respondent-appellee possessed the minimum requirements enumerated; "19. Although the minimum requirements mentioned above were met by the respondent-appellee, the Bureau of Local Government Finance fell short in applying Memorandum Circular No. 6, Series of 2005; "20. Contrary to the position of the Honorable Director, the said Memorandum Circular is binding on all concerned and shall have the force and effect of law; "21. CSC Memorandum Circular No. 6, Series of 2005 clearly mandates that designee cannot be designated to a position not within the level he is currently holding . . .; TIADCc xxx xxx xxx "29. It cannot be denied that respondent-appellee, Mrs. Silveria De Guzman, is a Senior Bookkeeper belonging to the First Level Personnel . . . . As such, she is certainly proscribed . . . from being appointed to the position of a treasurer; "30. With the patent disqualification of respondent-appellee, the Honorable Mayor or the Honorable Executive Director could have upheld the application or appointment of the complainant-appellant considering that she is an Assistant Municipal Treasurer belonging to the Second Level personnel and thus, inarguably appropriate and qualified to be designated to perform the duties of Second Level Positions . . .; "31. Verily, . . . the designation of herein respondent-appellee to the Second Level Personnel is a PATENT VIOLATION of CSC Memorandum Circular No. 6, Series of 2005 considering that she is a First Level Personnel." When asked to comment, the BLGF, through the Office of the Solicitor General, averred, as follows: "Although complainant-appellant Caldona is the next-in-rank and possesses the minimum qualifications for the position of Municipal Treasurer, the law does not compel an appointing authority to automatically designate her for the said position. The law recognizes the right of the appointing authority to choose based on his discretion and according to his best lights the person most suited for the position. Thus, even if complainant-appellant Caldona has the credentials and the right to be considered for the position being the person next-in-rank, she still has no vested right to compel BLGF OIC-Executive Director Del Castillo to designate her as OIC-Municipal Treasurer as she was not the favored recommendee of Mayor De Leon. xxx xxx xxx ". . ., De Guzman is a career service professional with a degree in Bachelor of Science in Commerce and has more or less twenty (20) years of experience in treasury and accounting service. Considering that De Guzman has substantially met the requirements for the position . . ., her designation as OIC-Municipal Treasurer of Basista, Pangasinan is in order." Records show that the instant case arose when Director Peter Paul D. Baluyan, BLGF Regional Office No. I, City of San Fernando, La Union, issued Regional Special Personnel Order No. 1309-043 dated September 30, 2013, designating Silveria C. De Guzman, Senior Bookkeeper (SG-09), as OIC-Municipal Treasurer of the Municipal Government of Basista, Pangasinan. Relevant portions of said Order read, as follows: "In the exigencies of the service, in view of the recommendation of Honorable Manolito S. De Leon, Municipal Mayor of Basista, Pangasinan, . . . Ms. SILVERIA C. DE GUZMAN, Senior Bookkeeper of the Office of the Municipal Accountant of said municipality, on detail at the Office of the Municipal Treasurer of same municipality, is hereby designated Officer-in-Charge of the Office of the Municipal Treasurer thereat, effective October 3, 2013, up to but not beyond a period of six (6) months, unless sooner revoked . . . ." Thereafter, Caldona filed a motion dated November 7, 2013 to revoke/recall the designation of De Guzman contained in the Personnel Order before the Office of BLGF OIC-Executive Director Del Castillo, arguing that being the officer next-in-rank, i.e. , the Assistant Municipal Treasurer of the Municipal Government of Basista, Pangasinan, she has a better right to the subject position than De Guzman, who is a mere Senior Bookkeeper. Caldona asserted "that the designation of De Guzman violated CSC Memorandum Circular No. 6, Series of 2005, considering that a Senior Bookkeeper belonging to the first level cannot be designated to perform the duties of a second level position such as that of a Municipal Treasurer." On February 28, 2014, OIC-Executive Director Del Castillo denied the aforementioned motion for reconsideration of Caldona. Hence, this appeal where the issue to be resolved is whether the designation of De Guzman as OIC-Municipal Treasurer is in order. Before proceeding to the aforesaid issue, the Commission will first make a distinction between an appointment and designation, especially so since the BLGF is arguing that designation is similar to an appointment, the only condition being that the designee possesses the minimum requirements provided by law. AIDSTE In the case of Dimaandal vs. Commission on Audit (G.R. No. 122197, June 26, 1998) , the Supreme Court made the following distinction: "Moreover, what was extended to petitioner by Governor Mayo was merely a designation not an appointment. The respondent Commission clearly pointed out the difference between an appointment and designation, thus: 'There is a great difference between an appointment and designation. While an appointment is the selection by the proper authority of an individual who is to exercise the powers and functions of a given office, designation merely connotes an imposition of additional duties, usually by law, upon a person already in the public service by virtue of an earlier appointment ( Santiago vs. COA , 199 SCRA 125). 'Designation is simply the mere imposition of new or additional duties on the officer or employee to be performed by him in a special manner. It does not entail payment of additional benefits or grant upon the person so designated the right to claim the salary attached to the position (COA Decision No. 95-087 dated February 2, 1995). As such, there being no appointment issued, designation does not entitle the officer designated to receive the salary of the position. For the legal basis of an employee's right to claim the salary attached thereto is a duly issued and approved appointment to the position (Opinion dated January 25, 1994 of the Office for Legal Affairs, Civil Service Commission, Re: Evora, Carlos, A. Jr., Designation)." Applying the foregoing, what is involved in this case is merely designation and not an appointment, there being no appointment paper issued to De Guzman and that her movement was done through the issuance of a Special Personnel Order. Such being the case, the rules concerning appointment do not apply, instead CSC MC No. 6, Series of 2005 dated February 15, 2005 (Guidelines on Designation) finds application. Item B of said CSC MC states that: "In its Resolution No. 050157 dated February 7, 2005, the Commission has adopted the following guidelines on Designation in the civil service: xxx xxx xxx "B. Designees can only be designated to positions within the level they are currently occupying. However, Division Chiefs may be designated to perform the duties of third level positions. " First level personnel cannot be designated to perform the duties of second level positions ." (Underscoring supplied) As expressly stated above, personnel occupying first level positions cannot be designated to perform the duties of second level positions. Section 2 (a) and (b), Rule II of the Omnibus Rules Implementing Book V of Executive Order No. 292 and Other Pertinent Civil Service Laws defines first and second level positions, as follows: "SEC. 2. Classes of positions in the career service, appointment to which requires examinations, shall be grouped into three major levels as follows: "(a) The first level shall include clerical, trades, crafts and custodial service positions which involve non-professional or sub-professional work in a non-supervisory or supervisory capacity requiring less than four years of collegiate studies; "(b) The second level shall include professional, technical and scientific positions which involve professional, technical or scientific work in a non-supervisory or supervisory capacity requiring at least four years of college work up to Division Chief level; and . . . ." In conjunction with said definition, a review of the qualification standards for the position of Senior Bookkeeper shows that indeed, the minimum educational requirement for such position is less than four years of collegiate course, or more specifically, a completion of only two years studies in college. Hence, inasmuch as De Guzman is a Senior Bookkeeper and one who belongs to the first level personnel, she, cannot be designated to perform the duties of a Municipal Treasurer which is a second level position. The afore-quoted CSC MC is explicit when it states that designees can only be designated to positions within the level they are currently occupying, with the exception of Division Chiefs who may be designated to perform the duties of third level positions. Thus, what Mayor Manolito S. De Leon should have done was for him to have submitted a list of three (3) ranking, eligible recommendees from where the DOF Secretary or his authorized representative which, in this case, is the BLGF Executive Director could choose whom to designate as OIC-Municipal Treasurer pursuant to Section 470 (a), Article Two, Title Five of the Local Government Code of 1991 which provides, as follows: AaCTcI " Section 470 . Appointment, Qualifications, Powers, and Duties . (a) The treasurer shall be appointed by the Secretary of Finance from a list of at least three (3) ranking, eligible recommendees of the governor or mayor, as the case may be, subject to civil service law, rules and regulations. " In view of the foregoing, the Commission finds the issuance of Regional Special Personnel Order No. 1309-043 dated September 30, 2013, designating De Guzman, as OIC-Municipal Treasurer of the Municipal Government of Basista, Pangasinan, not in order. WHEREFORE, the appeal of Rosalina B. Caldona, Assistant Municipal Treasurer, Municipal Government of Basista, Pangasinan, is hereby GRANTED. Accordingly, the Letter dated February 28, 2014 of Salvador M. Del Castillo, Office-in-Charge (OIC)-Executive Director, Bureau of Local Government Finance (BLGF), denying Caldona's motion to revoke/recall the designation of Silveria C. De Guzman, Senior Bookkeeper, Office of the Municipal Accountant, same local government unit, as OIC Municipal Treasurer, is REVERSED and SET ASIDE. The Commission finds Regional Special Personnel Order No. 1309-043 dated September 30, 2013 issued by Director Peter Paul D. Baluyan, BLGF Regional Office No. I, City of San Fernando, La Union, NOT IN ORDER. Quezon City. (SGD.) ROBERT S. MARTINEZ Commissioner (SGD.) FRANCISCO T. DUQUE III Chairman (SGD.) NIEVES L. OSORIO Commissioner Attested by: Signed by representative DOLORES B. BONIFACIO Director IV Commission Secretariat and Liaison Office