Hilario v. Civil Service Commission
G.R. No. 116041 | March 31, 1995
Petitioner Nescito C. Hilario was the Quezon City Attorney appointed by the then OIC Mayor Brigido R. Simon, Jr. On July 24, 1992, the newly-elected mayor, Ismael Mathay, Jr. issued a letter to petitioner which informed him that pursuant to Sec. 481, Art. II of the Local Government Code of 1991 the position of City Legal officer is coterminous with the appointing authority, thus, he is already resigned. Respondent Vice Mayor Charito L. Planas filed a complaint with the CSC against petitioner and sought that respondents be found administratively liable for usurpation, grave misconduct, being notoriously undesirable, gross insubordination, and conduct grossly prejudicial to the best interest of the service. CSC resolved to hold in abeyance any administrative disciplinary action against petitioner.
(1) Whether Petitioner’s position as city legal officer is not confidential; and
(2) Whether Respondent CSC has no authority to remove or terminate the services of petitioner.
By virtue of Republic Act No. 5185, both the provincial attorney and city legal officer serve as the legal adviser and legal officer for the civil cases of the province and the city that they work for. Their services are precisely categorized by law as confidential. Although respondent Planas is a public official, there is nothing under the law to prevent her from filing a complaint directly with the CSC against petitioner. Thus, when the CSC determined that petitioner was no longer entitled to hold the position of City Legal Officer, it was acting within its authority under the Administrative Code to hear and decide complaints filed before it.
Sec. 481, Art. II of Local Government Code of 1991 provision is but a reiteration of the principle that since the position of City Legal Officer is a confidential one, it is perforce deemed to be coterminous with that of the appointing authority.