Civil Service Commission vs. Joson, JR

4/26/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 429
VOL. 429, MAY 27, 2004 773

Civil Service Commission vs. Joson, Jr.
*
G.R. No. 154674. May 27, 2004.
THE CIVIL SERVICE COMMISSION, petitioner, vs. FELICISIMO

O. JOSON, JR., in his capacity as former Administrator of the
Philippine Overseas Employment Administration (POEA),
respondent.
Public Officers; Civil Service; While it is conceded that the

appointment of a particular employee was contractual only, the fact that the
CSC approved the same under a Coterminous-Temporary status makes the
employee’s appointment valid.—With the foregoing, it can not be said that
for want of a college degree as required under MC No. 38, s. 1993 for
confidential/personal positions, Ong’s appointment was in contravention of
the CSC Law and its rules. While it is conceded that the respondent
intended the appointment of Ong to be contractual only, the petitioner
approved the same in Resolution No. 956978, under a Coterminous-
Temporary status. The appointment of Ong on July 1, 1995, is, therefore,
valid.
Same; Same; Statutes; Attrition Law (Republic Act No. 7430); Words
and Phrases; Attrition is defined as the reduction of personnel as a result of
resignation, retirement, dismissal in accordance with existing laws, death or
transfer to another office; Appointments to newly-created positions are not
covered by the Attrition Law.—But even a cursory reading of Section 3 of
Rep. Act No. 7430 will readily show that it applies only to appointments to
fill vacant position in a government office as a result of resignation,
retirement, dismissal, death, or transfer to another office of an officer or
employee within five years from the approval of the law. Under the law,
attrition is defined as the reduction of personnel as a result of resignation,
retirement, dismissal in accordance with existing laws, death or transfer to
another office. The appointment of Ong to the position of the Executive
Assistant IV in the Office of the respondent is not covered by Rep. Act No.
7430 because Ong was appointed to a newly-created position as part of the
confidential/personal staff of the respondent. The position was approved by
the DBM. The petitioner attested the appointment as coterminous
temporary. The position to which Ong was appointed was not rendered
vacant as a result of the resignation, retirement, dismissal, death or transfer
of an employee to another office, as provided by the law. Thus, the
petitioner cannot argue that the respondent violated the Attrition Law in
appointing Ong.
_______________
* EN BANC.
774
774 SUPREME COURT REPORTS ANNOTATED
Same; Same; Same; Same; Statutory Construction; It is the cardinal

rule in statutory construction that a statute’s clauses and phrases must not
be taken as detached and isolated expressions, but the whole and every part
thereof must be considered in fixing the meaning of any of its parts in order
to produce a harmonious whole.—The law must not be read in truncated
parts; its provisions must be read in relation to the whole law. It is the
cardinal rule in statutory construction that a statute’s clauses and phrases
http://www.central.com.ph/sfsreader/session/00000162feacf09d85082675003600fb002c009e/t/?o=False 1/12
must not be taken as detached and isolated expressions, but the whole and
every part thereof must be considered in fixing the meaning of any of its
parts in order to produce a harmonious whole. Every part of the statute must
be interpreted with reference to the context, i.e., that every part of the statute
must be considered together with other parts of the statute and kept
subservient to the general intent of the whole enactment.
Same; Same; Appointments; De Jure and De Facto Officers; Words
and Phrases; One validly appointed to a position is a de jure officer and not
a de facto officer; A de facto officer is one who is in possession of the office
and discharging its duties under color of authority, and by color of authority
is meant that derived from an election or appointment, however irregular or
informal, so that the incumbent is not a mere volunteer.—Having been
validly appointed to the position of Executive Assistant IV in the Office of
the respondent, Ong is a de jure officer and not a de facto officer as held by
the Court of Appeals. The broad definition of what constitutes an officer de
facto was formulated by Lord Holt in Parker v. Kent, and reiterated by Lord
Ellenborough and full King’s Bench in 1865 in Rex v. Bedford Level, “One
who has the reputation of being the officer he assumes and yet is not a good
officer in point of law.” A de facto officer is one who is in possession of the
office and discharging its duties under color of authority. By color of
authority is meant that derived from an election or appointment, however
irregular or informal, so that the incumbent is not a mere volunteer. The
difference between the basis of the authority of a de jure officer and that of a
de facto officer is that one rests on right, the other on reputation. It may be
likened to the difference between character and reputation. One is the truth
of a man, the other is what is thought of him.” It is the color of authority, not
the color of title that distinguishes an officer de facto from a usurper. Being
a de jure officer, Ong is entitled to receive all the salaries and emoluments
appertaining to the position.
Same; Same; Same; An appointment issued in accordance with
pertinent laws and rules shall take effect immediately upon its issuance by
the appointing authority, and if the appointee has assumed the duties of the
position, he shall be entitled to receive his salary at once, without awaiting
the approval of his appointment by the Commission.—Irrefragably, Ong
assumed the position and discharged her functions as Executive Assistant
IV on July 1, 1995. Thenceforth, she was entitled to the payment of her
salary, as provided for in Section 10 of Rule V of the Omnibus Rules of the
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VOL. 429, MAY 27, 2004 775
Civil Service Commission on the matter of Appointments, viz.: An

appointment issued in accordance with pertinent laws and rules shall take
effect immediately upon its issuance by the appointing authority, and if the
appointee has assumed the duties of the position, he shall be entitled to
receive his salary at once, without awaiting the approval of his appointment
by the Commission. The appointment shall remain effective until
disapproved by the Commission. In no case shall an appointment take effect
earlier than the date of its issuance.
PETITION for review on certiorari of a decision of the Court of

Appeals.
The facts are stated in the opinion of the Court.

The Solicitor General for petitioner.
Marilyn V. Gallanosa for respondent.
Rammex C. Tiglao O.E. Legal Counsel.
CALLEJO, SR., J.:

1
This is a petition for review on certiorari of the Decision of the
Court of Appeals dated August 12, 2002 reversing Resolution No.
002778 of the Civil Service Commission (CSC) which denied the
respondent’s request for payment of the salary of Priscilla Ong, as
Executive Assistant IV in the Office of the Philippine Overseas
Employment Administrator (POEA) for the period of July 1, 1995 to

October 31, 1995.
The antecedents are as follows.
On July 1, 1995, Respondent Felicisimo O. Joson, Jr., then
Administrator of the Philippine Overseas Employment
Administration (POEA) appointed Priscilla Ong as Executive
Assistant IV in his office under a contractual status. The
appointment was made after the Department of Budget and
2
Management (DBM) thru Director Miguel B. Doctor approved his
request for the creation of a contractual position of Executive
Assistant IV at the Office of the POEA Administrator, effective not
earlier than July 1, 1995.
Subsequently, respondent Joson wrote the CSC requesting
exemption from the rule requiring appointees to confidential staff
_______________
1 Penned by Justice Perlita J. Tria Tirona with Associate Justices Buenaventura J.

Guerrero and Rodrigo V. Cosico concurring.
2 Rollo, p. 48.
776

3
positions to meet the prescribed educational qualification. The
educational requirement for the position of Executive Assistant is a
4
“Bachelor’s degree relevant to the job” and Priscilla Ong was not a
college degree holder.
Acting upon this request, the petitioner CSC issued Resolution
No. 956978 on November 2, 1995, approving the appointment of
Ong under a Coterminous Temporary status:
In this case, it is clear that Ong does not meet the educational qualification
for the position of Executive Assistant IV. However, considering that Ong
has to her credit 65 units leading to a Bachelor’s degree and that the said
position is coterminous with the appointing authority and belongs to his
confidential/personal staff, the proposed appointment of Ong may be
allowed under Coterminous Temporary status.
WHEREFORE, the instant request of Administrator Felicisimo O. Joson,
Jr. is hereby granted. Accordingly, the appointment of Priscilla E. Ong to the
position of Executive Assistant IV, POEA, may be approved under
5
Coterminous Temporary status.
However, on February 6, 1996, Director Nelson Acebedo of the

CSC National Capital Region (NCR) issued a post audit report on
the issuance of Ong’s appointment made on July 1, 1995, and
invalidated the same. A motion for reconsideration was filed,
stressing, among others, that the Department of Budget Management
(DBM) allowed the POEA to create such a position not earlier than
July 1, 1995 and that no less than the petitioner itself approved the
appointment under a coterminous temporary status. Upon the
instructions of Director Acebedo, the effectivity of Ong’s 6
appointment was changed from July 1, 1995 to November 2, 1995.
Considering the said adjustment in the effectivity date of Ong’s
appointment, the respondent then requested approval for the pay-
_______________
3 Item 9(c), Part II, Memorandum Circular No. 38, Series of 1993 which reads:
“Appointees to confidential/personal staff must meet only the educational requirements

prescribed under CSC MC #14, s. 1993. The civil service eligibility, experience, training and
other requirements are dispensed with.”
4 Rollo, p. 33.
5 Id., at p. 34.
6 Id., at p. 35.
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VOL. 429, MAY 27, 2004 777
ment of her salary for services rendered for the period of July 1,
1995 to October 31, 1995.
The petitioner denied the request for the payment7
of Ong’s salary
in Resolution No. 974094 dated October 16, 1997. Citing Rep. Act
No. 7430 also known as the Attrition Law which, in part, states that
no appointment shall be made to fill up a vacancy unless an
8
authority has been granted by it, the petitioner posited that the
authority to fill the position was granted only on November 2, 1995
when it issued CSC Resolution No. 956978. The request for the
payment of salary referred to the period prior to the date of authority
to fill the position; such claim cannot, therefore, be allowed. The
petitioner concluded that, as the appointing authority, it is the
respondent who shall be personally liable for the payment of salaries
as provided in Item 5(a), Part I, CSC MC No. 38, s. 1993, which
states:
5. Liability of Appointing Authority and Other Officers
a. The appointing authority shall be personally liable for the

salary of appointees whose appointments have been
disapproved for violation of pertinent laws such as RA
9
7041 and RA 7430.
The respondent filed a motion for reconsideration, averring that Ong

was appointed to a newly-created position which does not require
any such authority from the petitioner. The respondent emphasized
in his motion that the DBM approved the creation of the position for
Ong. He asserted that, if at all, it is the POEA who should be liable
under the principle of quantum meruit since the latter was the one
benefited. Thus:
Admittedly, the herein movant requested an Authority to fill the said

position which was not necessary under the premise since the position
involved was a newly created position. In the first place, the Department of
Budget and Management through the Director of CPCB granted the request
for the creation of said position due to the dire need and necessity of said
provision. POEA could not have transgressed any provision of RA 7430 and
its implementing rules when POEA appointed Ms. Ong to the said newly
created position on July 1, 1995 . . . .
_______________
7 Id., at pp. 35-37.

8 Id., at p. 36.
9 Id., at p. 37.
778

. . . POEA should pay Ms. Ong for her services since POEA was the one
benefited not the herein movant in his personal capacity. The principle of
quantum meruit dictates that not only is the one who rendered services who
should paid (sic) but equally important, is that the one benefited from such
services must be the one who should pay the services. If the herein movant
would be made personally liable to pay for her services, just the same, it is
tantamount to unjust enrichment on the part of the government at the
10
movant’s expense . . .
On June 8, 1998, the petitioner issued Resolution No. 981399

11
denying the respondent’s motion for reconsideration. It affirmed its
ruling that the effectivity date of Ong’s appointment should be
reckoned from November 2, 1995 when it granted the authority to
the respondent to fill the position, and not July 1, 1995 as asserted
by the respondent. It also declared that Ong’s appointment was not
included in the POEA’s Report on Personnel Action (ROPA)

submitted to the petitioner for the month of July 1995:
POEA, as an accredited agency is mandated by CSC rules to submit within

fifteen (15) days of each ensuing month to the Civil Service Regional office
of Field Office concerned two copies of Monthly Report on Personnel
Action, together with certified true copy of appointments acted upon (Item,
2.2.7, Rule V, CSC Memorandum Circular No. 27, s. 1994). In the instant
case, POEA failed to comply with this rule when it did not include the
12
appointment of Ong in its July ROPA.
The petitioner also held that the POEA only submitted Ong’s
appointment in its ROPA for the month of November 1995. Such
13
belated report rendered the appointment in July ineffective. The
petitioner concluded that there was clearly no legal basis for the
payment of Ong’s salary prior to November 2, 1995, and that the
principle of quantum meruit invoked by the respondent was not
applicable.
_______________
10 Id., at p. 39.
11 Id., at pp. 38-41.
12 Id., at p. 40.
13 Rule V, Item 2.2.9 of the Implementing Guidelines in the CSC Accreditation
Program reads as follows:
“That appointment issued within the month but not listed in the ROPA for the said month shall
become ineffective thirty days from issuance.” (Rollo, p. 40.)
779
VOL. 429, MAY 27, 2004 779

The respondent moved for a clarification of CSC Resolution No.

981399, pointing out that the petitioner did not rule on the matter of
POEA’s alleged violation of the Attrition Law, particularly on the
failure to secure “prior authority to fill.” The respondent asserted
that the POEA’s alleged failure to include the proposed appointment
of Ong in its July 1995 ROPA was justified because Ong’s
appointment was still the subject of a request for exemption from the
requirement of Memorandum Circular (MC) No. 38, s. 1993. The
respondent received CSC Resolution No. 956978 approving Ong’s
appointment under a coterminous temporary status only on
November 5, 1995; hence, the appointment was included only in the
November ROPA. The respondent pointed out that the task and duty
of preparing and submitting the monthly ROPA lies with the
officials of the Personnel Department of the POEA. Finally, the
respondent averred, if there was, indeed, a failure to comply with the
CSC Circular No. 27, Series of 1994, it would be quite unfair and
unjust for the petitioner to order the respondent to pay the salary of
Ong out of his (the respondent’s) personal funds.
The petitioner denied the motion of the respondent in Resolution
No. 991839 dated August 17, 1999. It held that the respondent as the
appointing authority, was accountable for all the appointments he
issued; he cannot, thus, hide behind the mistakes of his subordinates.
The petitioner also reiterated its ruling that the appointment of Ong
was made in violation of the CSC Law and its rules. As such, the
respondent must assume responsibility for the payment of Ong’s
salary. Thus:
“WHEREFORE, the CSC Resolution No. 981399 dated June 8, 1998 is

hereby clarified. Accordingly, the payment of salaries, benefits and other
emoluments from July 1, 1995 to October 30, 1995 of Priscilla Ong, whose
appointment was in violation of R.A. 7430 (Attrition Law), shall be the
14
personal liability of then Administrator Felicisimo O. Joson.”
The respondent filed a motion for reconsideration of the resolution.

The petitioner treated the pleading as a second motion for
reconsideration, and denied the same in Resolution No. 001956

dated August 30, 2000, in this wise:
_______________
14 Rollo, p. 45.
780

“WHEREFORE, the second Motion for Reconsideration of Felicisimo O.

Joson, Jr. is hereby DENIED. Accordingly, the CSC Resolution No. 974094
15
dated October 16,1997 stands.”
The petitioner filed another motion seeking for the reconsideration

of the CSC Resolution No. 991839 pointing out that Ong may be
considered a de facto public officer who is entitled to the payment of
salaries for actual services rendered. The CSC outrightly denied the
motion in CSC Resolution No. 002778 dated December 13, 2000:
“WHEREFORE, the instant motion for reconsideration is hereby DENIED

for lack of merit. Consequently, CSC Resolution No. 991839 dated August
16
17, 1999 stands. This case is considered closed and terminated.”
Unfazed, the respondent appealed the CSC resolutions to the Court

of Appeals. On August 12, 2002, the CA rendered the assailed
judgment in favor of herein respondent, ruling that Ong was
considered a de facto officer and is entitled to the payment of her
salary. The dispositive portion of the decision reads as follows:
“WHEREFORE, in view of the foregoing, the instant petition for review is

hereby GRANTED. Resolution No. 002778 dated 13 December 2000
rendered by public respondent Civil Service Commission, denying payment
of Miss Priscilla Ong’s compensation from 1 July 1995 to 31 October 1995,
17
is hereby SET ASIDE.”
Hence, this petition for review on certiorari raising the lone issue
that:
THE COURT OF APPEALS GRAVELY ERRED IN HOLDING THAT

PRISCILLA ONG IS ENTITLED TO PAYMENT OF HER SALARIES
FROM THE GOVERNMENT FOR BEING A DE FACTO OFFICER.
The petitioner maintains that Ong cannot be entitled to the payment

of salary prior to November 2, 1995 because of the following: (a)
Ong did not possess the necessary qualification for the position; (b)
her appointment was made in violation of the Civil Service Law and
its rules; (c) there was no prior authority to ap-
_______________
15 Id., at p. 47.
16 Id., at p. 50.
17 Id., at p. 32.
781
VOL. 429, MAY 27, 2004 781

point, in violation of Rep. Act No. 7430; and, (d) the appointment
was not reported in the July ROPA, making such appointment
ineffective.
We rule for the respondent.
The records show that the position of Executive Assistant IV in
the POEA Administrator’s office was created with the approval of
the DBM on July 1, 1995. This was pursuant to a request made by
the respondent for a position in his office under a contractual status.
It is quite apparent that the respondent intended the position for his
confidential assistant, Priscilla Ong, whom he considered efficient

and competent on the job, albeit without a college degree. The
respondent was aware of the appointee’s lack of qualification which
is precisely the reason why he requested for an exemption from the
requirements of the MC No. 38 s. 1993, particularly on the
educational requirement of appointees to confidential staff positions.
On November 2, 1995, the petitioner granted the respondent’s
request and stated that the appointment of Ong may be approved
18
under a coterminous temporary status.
_______________
18 Chapter II, Section 6 (2) of the Civil Service Law provides that service in the
government is classified under career or non-career.
Section 9. Non-Career Service.—The Non-Career Service shall be characterized by (1)

entrance on bases other than those of the usual tests of merit and fitness utilized for the career
service; and (2) tenure which is limited to a period specified by law, or which is coterminous
with that of the appointing authority or subject to his pleasure, or which is limited to the
duration of a particular project for which purpose employment was made.
The Non-Career Service shall include:
(1) Elective officials and their personnel or confidential staff;
(2) Secretaries and other officials of Cabinet rank who hold their positions at the pleasure of the
President and their personal or confidential staff(s);
(3) Chairmen and members of commissions and boards with fixed terms of office and their personal
or confidential staff;
(4) Contractual personnel or those whose employment in the government is in accordance with a
special contract to undertake a specific work or job, requiring special or technical skills not
available in the employing agency, to be accomplished within a specific period, which in no case
shall exceed one year, and performs or accomplishes
782

The task of the petitioner is to insure that the appointee has all the
qualifications for the position; otherwise it disapproves the
19
appointment. In this case, the petitioner approved the appointment
of Ong under a coterminous temporary status; coterminous, because
the appointment shall only be during the tenure of the appointing
power; and temporary, because the appointee did not meet all the
requirements for the position. As such, the appointment could be
recalled anytime. The petitioner took into account the fact that Ong
was then enrolled in CAP College, Makati City and had 65 units
credited to her leading to a four-year course in Bachelor of Science
in Business Administration, and that she just needed 61 units more
to complete the same.
Under Section 4, Rule V of the Omnibus Rules, Ong’s
appointment is in order, viz.:
_______________
the specific work or job, under his own responsibility with a minimum of direction and
supervision from the hiring agency;
(5) Emergency and seasonal personnel.
Sec. 27. Employment Status.—Appointment in the career service shall be

permanent or temporary.
1) Permanent appointment.—A permanent appointment shall be issued to a

person who meets all the requirements for the position to which he is being
appointed, including the appropriate eligibility prescribed, in accordance
with the provisions of law, rules and standards promulgated in pursuance
thereof.
2) Temporary appointment.—In the absence of appropriate eligibles and it
becomes necessary on the public interest to fill a vacancy, a temporary
appointment shall be issued to a person who meets all the requirements for
the position to which he is being appointed except the appropriate civil
service eligibility: Provided, That such temporary appointment shall not
exceed twelve months, but the appointee may be replaced sooner if a
qualified civil service eligible becomes available.
Section 14. An appointment may also be coterminous which shall be issued to a

person whose entrance and continuity in the service is based on the trust and
confidence of the appointing authority or that which is subject to his pleasure, or co-
existent with his tenure, or limited by the duration of project or subject to the
availability of funds. (Rule V, of the Rules Implementing Book V of Executive Order
No. 292 and other pertinent Civil Service Laws).
19 See Mathay v. Court of Appeals, 320 SCRA 703 (1999).
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VOL. 429, MAY 27, 2004 783

Except as otherwise provided herein, a person who meets all the

requirements of the position including the appropriate civil service
eligibility shall be appointed to a position in the first and second levels.
However, when the immediate filling of a vacancy becomes necessary,
taking into account the public interest, and a person with an appropriate
civil service eligibility is not actually and immediately available, a person
without the appropriate civil service eligibility but who meets the other
requirements of the position may be appointed. His appointment shall be
temporary for a period of not more than twelve (12) months and he may be
replaced at any time with one who has an appropriate civil service
eligibility.
In approving the appointment of Ong, the petitioner took into

account the exigency and urgency of filling up the position of
Executive Assistant, as embodied in the letter of the respondent for
exemption from MC No. 38:
Our request for exemption from MC #38 series of 1993 is anchored on the
fact that I have no regular holder of an Executive Assistant, although it is
included in the POEA budget. As earlier mentioned in our letter-request, as
the administrationship of POEA keeps on changing, the Executive Assistant
post remains attached to another employee who can not be asked to vacate
the post because of the security of tenure of the incumbent at the time the
Executive Assistant post was declared confidential in nature. We recognize
and support the reason behind the promulgation of CSC MC #38 series
1993. However, please consider the circumstances behind this request for
exemption. Ms. Ong has been the holder of the position since my
appointment last July 1992 under the Ramos government.
May I reiterate that the position of Ms. Ong is temporary in nature and
co-terminous with my term. Moreover, she is now enrolled at the CAP
20
College taking up BS in Business Administration.
The respondent reiterated the urgency of Ong’s appointment in his

letter-request for the payment of Ong’s salary:
. . . Please note that the Office of the Administrator is the center of all
communications coming in and out of POEA as well as the focal point of all
major activities whether internal or external concerns. As such, the smooth
operations of this office would not have been possible without the able and
dedication of Ms. Ong who faithfully discharged her gargantuan duties as
Executive Assistant to the highest official of POEA. It would be
_______________
20 Rollo, p. 32.
784

an injustice to Ms. Ong if she is not properly compensated for a job very
21
well done especially in such a sensitive position.
With the foregoing, it can not be said that for want of a college
degree as required under MC No. 38, s. 1993 for
confidential/personal positions, Ong’s appointment was in
contravention of the CSC Law and its rules. While it is conceded
that the respondent intended the appointment of Ong to be
contractual only, the petitioner approved the same in Resolution No.
956978, under a Coterminous-Temporary status. The appointment of
Ong on July 1, 1995, is, therefore, valid.
We reject the petitioner’s contention that Ong’s appointment was
invalid since the respondent appointed her to the position without
first securing an “authority to fill” as mandated by the second to the
last paragraph of Section 3 of Rep. Act No. 7430. The said provision
reads:
SECTION 3. Attrition.—Within five (5) years from the approval of the Act,
no appointment shall be made to fill vacated positions in any
government office as a result of resignation, retirement, dismissal, death
or transfer to another office of an officer or employee: Provided,
however, That this prohibition shall not apply in the following instances:
(a) Where the position is head of a primary organic unit such as chief
of division;
(b) Where the position is the lone position in the organizational unit
and it corresponds to a particular expertise that is intrinsic to the
desired basic capability of the unit concerned;
(c) Where the positions are basic positions for the initial operations of
newly created or activated agencies or, in the case of other
agencies, where the positions are vital and necessary for the
continued and efficient operation of said agencies;
(d) Where the positions are difficult to fill considering the
qualifications required therefore, as in the case of doctors, lawyers
and other professionals;
(e) Where the positions are found in agencies declared to be
understaffed;
(f) Positions in Congress or in the Judiciary;
(g) Appointments or designations extended by the President;
_______________
21 Id., at p. 35.
785
VOL. 429, MAY 27, 2004 785

(h) Where the positions are found in local government units;

(i) Teaching personnel; and
(j) Where the replacement come from existing employees.
Provided, further, That the exemptions from this prohibition shall require
authorization by the Civil Service Commission; Provided, finally, That no
appointment shall be issued by the appointing authority nor approved
22
by the Civil Service Commission without said authorization.
Appointments made in violation of this Act shall be null and void.
In CSC Resolution No. 974094, the petitioner denied the

respondent’s motion for the POEA to pay Ong’s salary based on the
second to the last paragraph of Section 3, viz.:
The Commission further finds no merit in the request because of the

mandatory provision of Republic Act 7430 (Attrition Law) which states as
follows:
No appointment shall be made to fill up a vacancy unless an authority
23
has been granted by the Commission.
But even a cursory reading of Section 3 of Rep. Act No. 7430 will
readily show that it applies only to appointments to fill vacant
position in a government office as a result of resignation, retirement,
dismissal, death, or transfer to another office of an officer or
employee within five years from the approval of the law. Under the
law, attrition is defined as the reduction of personnel as a result of
resignation, retirement, dismissal 24in accordance with existing laws,
death or transfer to another office.
The appointment of Ong to the position of the Executive
Assistant IV in the Office of the respondent is not covered by Rep.
Act No. 7430 because Ong was appointed to a newly-created
position as part of the confidential/personal staff of the respondent.
The position was approved by the DBM. The petitioner attested the
appointment as coterminous temporary. The position to which Ong
was appointed was not rendered vacant as a result of the resignation,
retirement, dismissal, death or transfer of an employee to another
office, as provided by the law. Thus, the petitioner cannot
_______________
22 Emphasis supplied.
23 Id., at p. 36.
24 Section 2, R.A. 7430.
786

argue that the respondent violated the Attrition Law in appointing

Ong.
The law must not be read in truncated parts; its provisions must
be read in relation to the whole law. It is the cardinal rule in statutory
construction that a statute’s clauses and phrases must not be taken as
detached and isolated expressions, but the whole and every part
thereof must be considered in fixing the meaning of any of its parts
25
in order to produce a harmonious whole. Every part of the statute
must be interpreted with reference to the context, i.e., that every part
of the statute must be considered together with other parts of the
statute and kept subservient to the general intent of the whole
26
enactment.
We find the respondent’s justification for the failure of the POEA
to include Ong’s appointment in its ROPA for July 1995 as required
by CSC Memorandum Circular No. 27, Series of 1994 to be in
order. The records show that the POEA did not include the
contractual appointment of Ong in its July ROPA because its request
for exemption from the educational requisite for confidential staff
members provided in MC No. 38 had yet been resolved by the CSG.
The resolution of the petitioner granting such request was received
only in November, 1995. The POEA, thereafter, reported the
appointment in its November, 1995 ROPA.
Having been validly appointed to the position of Executive
Assistant IV in the Office of the respondent, Ong is a de jure officer
and not a de facto officer as held by the Court of Appeals. The broad
definition of what constitutes an officer de facto was formulated by
27
Lord Holt in Parker v. Kent, and reiterated by Lord Ellenborough
28
and full King’s Bench in 1865 in Rex v. Bedford Level, “One who
has the reputation of being the officer he assumes and yet is not a
good officer in point of law.” A de facto officer is one who is in
possession of the office and discharging its duties under color of
29
authority. By color of authority is meant that derived from an
election or appointment, however irregular or informal, so that the
incumbent is not a mere volunteer. The difference between
_______________
25 Yamaoka v. Pescarich Manufacturing Corp., 361 SCRA 672 (2001).

26 Paras v. Commission on Elections, 264 SCRA 49 (1996).
27 Ld. Raymond 652, 12 Mod. 467.
28 6 East, 376.
29 State v. Dates, 57 N.W. 296 (1983).
787
VOL. 429, MAY 27, 2004 787
the basis of the authority of a de jure officer and that of a de facto

officer is that one rests on right, the other on reputation. It may be
likened to the difference between character and reputation. 30
One is
the truth of a man, the other is what is thought of him.” It is the
color of authority, not the
31
color of title that distinguishes an officer
de facto from a usurper. Being a de jure officer, Ong is entitled to
receive 32all the salaries and emoluments appertaining to the
position.
Irrefragably, Ong assumed the position and discharged her
functions as Executive Assistant IV on July 1, 1995. Thenceforth,
she was entitled to the payment of her salary, as provided for in
Section 10 of Rule V of the Omnibus Rules of the Civil Service
Commission on the matter of Appointments, viz.:
An appointment issued in accordance with pertinent laws and rules shall

take effect immediately upon its issuance by the appointing authority, and if
the appointee has assumed the duties of the position, he shall be entitled to
receive his salary at once, without awaiting the approval of his appointment
by the Commission. The appointment shall remain effective until
disapproved by the Commission. In no case shall an appointment take effect
33
earlier than the date of its issuance.
MC No. 38, s. 1993, likewise reads:
7. Effectivity of Appointment
a. The effectivity of an appointment shall be the date of actual

assumption by the appointee but not earlier than the date of
issuance of the appointment, which is the date of signing by
the appointing authority.
b. No appointment shall be made earlier than the date of
issuance, except in the case of change of status in view of
qualifying in written examination, the effectivity of which
is the date of release of the result of the examination.
However, the issuance of such appointments shall be within
the period of the temporary appointment or provided the
temporary appointment has not yet expired. . .
Moreover, the Court of Appeals took note of CSC Resolution No.

953263 dated May 23, 1995 which states, thus:
_______________
30 Ridout v. State, 30 S.W. 2d. 255 (1930).

31 Ekern v. McGovern, 142 N.W. 595 (1913).
32 Lecaros v. Sandiganbayan, 305 SCRA 407 (1999).
33 Italics supplied.
788

. . . If the appointment was disapproved on grounds which do not constitute

a violation of the civil service law, such as the failure of the appointee to
meet the Qualification Standards (QS) prescribed for the position, the same
is considered effective until disapproved by the Commission or any of its
regional or field offices. The appointee is meanwhile entitled to payment
of salaries from the government. Furthermore, if a motion for
reconsideration or an appeal from the disapproval is seasonably filed with
the proper office the appointment is still considered to be effective. The
disapproval becomes final only after the same is affirmed by the
34
Commission.
IN LIGHT OF ALL THE FOREGOING, the petition is DENIED.

The assailed Decision of the Court of Appeals, insofar as it is
consistent with this Decision, is AFFIRMED.
SO ORDERED.
Vitug (Actg. C.J.), Panganiban, Quisumbing, Ynares-

Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona,
Carpio-Morales, Azcuna and Tinga, JJ., concur.
Davide, Jr. (C.J.) and Puno, J., On Official Leave.
Petition denied, judgment affirmed.
Notes.—Compliance with the legal requirements for an

appointment to a civil service position is essential in order to make it
fully effective, and until an appointment has become a completed
act, it would be precipitate to invoke the rule on security of tenure.
(Tomali vs. Civil Service Commission, 238 SCRA 572 [1994])
There can be no de facto officer where there is no de jure office,
although there may be a de facto officer in a de jure office. (Tuanda
vs. Sandiganbayan, 249 SCRA 342 [1995])
——o0o——
_______________
34 Id., at p. 31 (emphasis supplied).
789
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4/26/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 429

VOL. 429, MAY 27, 2004 773

THE CIVIL SERVICE COMMISSION, petitioner, vs. FELICISIMO

Public Ofﬁcers; Civil Service; While it is conceded that the

774 SUPREME COURT REPORTS ANNOTATED

Civil Service Commission vs. Joson, Jr.

Same; Same; Same; Same; Statutory Construction; It is the cardinal

VOL. 429, MAY 27, 2004 775

Civil Service Commission vs. Joson, Jr.

Civil Service Commission on the matter of Appointments, viz.: An

PETITION for review on certiorari of a decision of the Court of

The facts are stated in the opinion of the Court.

CALLEJO, SR., J.:

Employment Administrator (POEA) for the period of July 1, 1995 to

1 Penned by Justice Perlita J. Tria Tirona with Associate Justices Buenaventura J.

776 SUPREME COURT REPORTS ANNOTATED

However, on February 6, 1996, Director Nelson Acebedo of the

“Appointees to conﬁdential/personal staff must meet only the educational requirements

5. Liability of Appointing Authority and Other Ofﬁcers

a. The appointing authority shall be personally liable for the

The respondent ﬁled a motion for reconsideration, averring that Ong

Admittedly, the herein movant requested an Authority to ﬁll the said

7 Id., at pp. 35-37.

778 SUPREME COURT REPORTS ANNOTATED

On June 8, 1998, the petitioner issued Resolution No. 981399

included in the POEA’s Report on Personnel Action (ROPA)

POEA, as an accredited agency is mandated by CSC rules to submit within

VOL. 429, MAY 27, 2004 779

The respondent moved for a clariﬁcation of CSC Resolution No.

“WHEREFORE, the CSC Resolution No. 981399 dated June 8, 1998 is

The respondent ﬁled a motion for reconsideration of the resolution.

reconsideration, and denied the same in Resolution No. 001956

780 SUPREME COURT REPORTS ANNOTATED

“WHEREFORE, the second Motion for Reconsideration of Felicisimo O.

The petitioner ﬁled another motion seeking for the reconsideration

“WHEREFORE, the instant motion for reconsideration is hereby DENIED

Unfazed, the respondent appealed the CSC resolutions to the Court

“WHEREFORE, in view of the foregoing, the instant petition for review is

THE COURT OF APPEALS GRAVELY ERRED IN HOLDING THAT

The petitioner maintains that Ong cannot be entitled to the payment

VOL. 429, MAY 27, 2004 781

conﬁdential assistant, Priscilla Ong, whom he considered efﬁcient

Section 9. Non-Career Service.—The Non-Career Service shall be characterized by (1)

The Non-Career Service shall include:

(1) Elective ofﬁcials and their personnel or conﬁdential staff;

782 SUPREME COURT REPORTS ANNOTATED

Sec. 27. Employment Status.—Appointment in the career service shall be

1) Permanent appointment.—A permanent appointment shall be issued to a

Section 14. An appointment may also be coterminous which shall be issued to a

VOL. 429, MAY 27, 2004 783

Except as otherwise provided herein, a person who meets all the

In approving the appointment of Ong, the petitioner took into

The respondent reiterated the urgency of Ong’s appointment in his

784 SUPREME COURT REPORTS ANNOTATED

VOL. 429, MAY 27, 2004 785

(h) Where the positions are found in local government units;

In CSC Resolution No. 974094, the petitioner denied the

The Commission further ﬁnds no merit in the request because of the

786 SUPREME COURT REPORTS ANNOTATED