DOMINGO, Leovigildo B., Jr.
Re: Appointment; Concurrence;

x----------------------------------------------x

RESOLUTION No. 97-2885

Amelita S. Navarro, City Vice Mayor and Presiding Officer, Sangguniang Panlungsod (SP), Santiago City, appealed the approval by the Civil Service Regional Office (CSRO) No. II, Tuguegarao, Cagayan, of the appointment of Dr. Leovigildo B. Domingo, Jr. as City Health Officer, Santiago City. The appointment was issued by Jose C. Miranda, City Mayor, but was not concurred in by the members of the SP.

The material allegations of Vice Mayor Navarro reads, in part, as follows:

"In order to give you a background of the circumstances surrounding said appointment, let me state the following:

July 17, 1996 - The Local Chief Executive Mayor Jose Miranda wrote a letter to the Sangguniang Panlungsod requesting the confirmation of the appointment of Dr. Leovigildo Domingo as City Health Officer, the said appointment of Dr. Leovigildo Domingo as City Health Officer, the said letter of mayor Miranda is attached hereto as Annex '2'
July 23, 1996 - During its Regular Session, the Sangguniang Panglunsod by a vote of six (6) against four (4) and one (1) abstention decided not to confirm the appointment of Dr. Leovigildo Domingo as City Health Officer.
July 26, 1996 The Secretary to the Sanggunian Panlungsod by a vote of six (6) against four (4) and one (1) abstention decided not to confirm the appointment of Dr. Leovigildo as City Health Officer.
July 29, 1996 Mayor Jose Miranda wrote a letter requesting the Sangguniang Panlungsod its reasons why it decided not to confirm the appointment of Dr. Leovigildo Domingo as City Health Officer, said letter is attached hereto as Annex '4'.
July 29, 1996  - The Sangguniang Panlungsod noted the letter of Mayor Miranda dated July 29, 1996 during its Regular Session.
August 5, 1996 - The Secretary to the Sanggunian informed the Local Chief Executive that the Sangguniang Panlungsod during its July 29, 1996 Regular Session noted his letter dated July 29, 1996, said letter is attached hereto as Annex '5'.
August 12, 1996 - Mayor Jose C. Miranda wrote a letter informing the Sangguniang Panlungsod that he re-appointed Dr. Leovigildo Domingo as City Health Officer and reiterated his request to confirm the appointment of Dr. Domingo, said letter is attached hereto as Annex '6'.
August 15, 1996 - The Sangguniang Panlungsod resolved not to confirm the appointment of Dr. Leovigildo Domingo as City Health Officer by a vote of six (6), against five (5), without any abstention.
August 22, 1996 - The Secretary to the Sanggunian informed Mayor Jose C. Miranda that the Sangguniang Panlungsod during its August 15, 1996 Regular Session, resolved not vote of six (6), against five (5), without any abstention, said letter is attached hereto as Annex '7'.
October 24, 1996 - Mr. Antonio Santos, HRMO, requested the City Council through the Secretary to the Sanggunian for a resolution on the action taken regarding the appointment of Dr. Leovigildo Domingo as City Health Officer, said letter is attached hereto as Annex '8'.
October 25, 1996 - The Secretary to the Sanggunian informed the HRMO a copy of the Sangguniang Panlungsod resolution on the action taken regarding the appointment of Dr. Leovigildo Domingo as City Health Officer, said letter is attached hereto as Annex '9'.
October 28, 1996 - The Local Chief Executive wrote a letter requesting the Sangguniang Panlungsod for a resolution on the action taken by the Sanggunian on the request of his office for the confirmation of the appointment of Dr. Leovigildo Domingo as City Health Officer considering that no resolution to that effect has yet been accomplished, said letter is attached hereto as Annex '10', with, November 6, 1996, the dated of the receipt of the Office of the Secretary to the Sanggunian marked as Annex '11'.
November 25, 1996 - A copy of resolution 96-214 was received by the Office of the City Mayor.
- The City Mayor wrote a letter to the Members of the Sangguniang Panlungsod remanding the aforesaid resolution on the ground that the same is already moot and academic, said letter is attached hereto as Annex '12'.
The Sangguniang Panlungsod, during its Regular Session, was informed of the letter of the city Mayor dated November 25, 1996 and the members of the Sanggunian directed the Secretary to the Sanggunian to inform the City Mayor through a letter that the matter of the denial of the confirmation of the appointment of Dr. Leovigildo Domingo as City Health Officer has not been rendered moot and academic.
November 27, 1996 - The Secretary to the Sanggunian wrote a letter to the City Mayor informing him that it is the view of the Members of the Sanggunian Panglungsod that the matter of the denial of the request for the confirmation of the appointment of Dr. Leovigildo Domingo as City Health officer has not been rendered moot and academic and that the denial of the said letter is attached hereto as Annex '13'.
December 4, 1996 Director Joseph Paggao of the Provincial Office of the Civil Service Commission approved the appointment Dr. Leovigildo Domingo as City Health Officer, said approval is attached hereto as Annex '1' with the approval marked as Annex '1-A'."

 

On January 6, 1997, the Commission directed Joseph Paggao, Head CS Field Office Ilagan, Isabela, to submit his comment to said letter. Paggao, on February 18, 1997, gave the following comments:

"The Provincial Field Office of Ilagan, thru the undersigned (sic) approved the questioned appointment on the basis of the decision of the Regional Office, identified as Decision No. A-961128 dated No. 26, 1996, the dispositive portion of which is quoted hereunder for reference:

'Accordingly, the herein appeal is hereby granted. The CSC Provincial Field Office in Ilagan, Isabela is hereby directed to approve the appointment of Dr. Leovigildo Domingo, Jr. as permanent City Health Officer subject to the submission of a Certification to be issued by the City Accountant that funds are available for the position. (a xerox copy of the CSC Regional Office decision is hereto attached for reference).'

The cited Decision of CSRO No. II, in part, as follows:

x x x

"2. The appointment is deemed confirmed by the Sangguniang Panlungsod pursuant to Sec. 454, Par. (d), Book III, Title III, Chapter 3, Article One of the Local Government Code of 1991.

"We took note of the letter dated 25 October 1996 of Atty. Earnest A. Sobreņo, Secretary Sangguniang Panlungsod, which is his reply to the letter dated 25 October 1996 or Mr. Antonio L. Santos, requesting for the Sangguniang Panlungsod Resolution on the appointment of Dr. Leovigildo Domingo as City Health Officer. Atty. Sobreņo certified that:

'I regret to inform you that inasmuch as the confirmation or non-confirmation was not acted by any motion to that effect, there is no covering Sangguniang Panglungsod Resolution. hence, I cannot furnish you with any copy as requested.'

"Considering that the fifteen (15) days given the Sangguniang Panglungsod to act on the appointment of Dr. Domingo has already elapsed, the said request is considered to have been confirmed."

The following issues are raised:

1. Whether or not the approval made by Joseph Paggao of the appointment of Dr. Leovigildo Domingo, is proper and legal considering the denial by the Sangguniang Panlungsod that it has given its concurrence.

2. Whether or not the Dr.Leovigildo Domingo can act as and receive the compensation of City health Office despite the concurrence by the Sangguniang Panlungsod on his apointment.

3. In case the approval of the appointment is improper and illegal, what remedy or action can be taken by the Sanggunian and/or the Civil Service Commission on the same?

Pertinent to the first issue, the Commission finds that the approval of the appointment of Domingo as City Health Officer is not proper in view of the action taken by the members of the SP In its regular session on August 15, 1996 resolving not to confirm said appointment. Relevant to the issue is Section 454, Par. (d), Book III, Title III, Chapter 3 of the Local Government Code of 1991, which provides in part as follows:

x x x

"The Sangguniang Panlungsod shall act in the appointment within fifteen (15) days from the date of its submission, otherwise the same shall be deemed confirmed.

The contention of Miranda that the appointment of Domingo is deemed confirmed by the inaction of the SP within the mandated fifteen (15)-day period from the time said appointment was submitted is untenable. It should be stressed that the said appointment was re-submitted to the SP for confirmation on August 22, 1996. The same appointment was deliberated by the SP on August 22, 1996. Subsequently, Mayor Miranda was appraised of non-confirmation of the appointment in question by Atty. Earnest A. Soberano, SP Secretary, in a letter dated August 22, 1996. It is, therefore, clear that Domingo's appointment was acted upon within the fifteen (15)-day period fixed under the Local Government Code 1991 and there was proper notice given to the Mayor on the action of the SP.

SP Resolution No. 96-214 dated November 21, 1996 embodying the denial of the appointment of Domingo is merely an affirmation of the previous action taken by the SP during its meeting on August 15, 1996. What transpired during the meeting of the SP on August 15, 1996 was duly stated by Atty. Earnest A. Sobreņo, SP Secretary, in his letter to the Mayor wherein he wrote as follows:

x x x

"This refers to your letter dated August 12, 1996 requesting the Sangguniang Panlungsod to confirm the appointment of Dr. Leovigildo B. Domingo as City Health Officer.

We would like to inform you that Sangguniang Panlungsod, in its regular session held on August 15, 1996, acted on your aforementioned letter by a vote of six (6) against five (5) without abstention, NOT TO CONFIRM the appointment of Dr. Domingo, without stating any reason(s) therefor." x x x

Thus, the contention of Mayor Miranda that the passage of Resolution No. 96-214 on November 21, 1996 is moot and academic to the appointment of Domingo is not correct. The letter of Soberano to Mayor Miranda of non-concurrence by the members of the SP on the appointment of Domingo in its regular session on August 15, 1996 substantially complied with the requirement.

It is settled that the concurrence or confirmation of the local Sanggunian is part and parcel of the appointment process and the absence thereof renders the appointment incomplete (Res. No. 96-0247, Romualdo, Rosario). In asmuch as Domingo's appointment was not confirmed by the SP the same is incomplete, hence, can not be given any effect (Res. No. 968280: Elizalde, Joselinda O.). Being incomplete, Domingo's right to hold to exist when the SB resolved not to confirm Domingo's appointment the personal liability of the appointing authority, or Mayor Miranda.

WHEREFORE, the appeal is hereby granted. Accordingly, the appointment of Dr. Leovigildo B. Domingo, Jr. as City Health Officer is found not in order. The approval of said appointment by CSRO No. II is hereby recalled.

Quezon City, May 20, 1997

 

                                          (Signed)
                                             CORAZON ALMA G. DE LEON
                                           
Chairman

 

              (Signed)
THELMA P. GAMINDE
        
Commissioner

 

                (Signed)
JOSE F. ERESTAIN, JR.
           
Commissioner

 

Attested by:

                           (Signed)                                

CARMENCITA GISELLE E.B. BRINGAS
                 Board Secretary VI