NESCITO HILARIO v.

CSC and CHARITO

PLANAS
March 31, 1995 | Romero, J. | the need for a relationship based on trust between the  Petitioner filed an MR which was denied by the
Digester: Aspi, Maria Margarita officer and the head of the local government unit he CSC in its Resolution No. 94-3336: xxx the
serves. The ‘trusted services’ to be rendered by the Commission hereby resolves to deny the motion
SUMMARY: Petitioner Hilario was appointed as officer would mean such trusted services of a lawyer for reconsideration of Atty. Nescito Hilario. xxx
City Attorney of QC by then OIC Mayor Simon, Jr. to his client which is of the highest degree of trust. The Commission hereby orders the Cashier of
Newly elected mayor, Mathay, Jr. took over from the QC government to stop payment of salaries
Mayor Simon, Jr. and issued a letter to Petitioner FACTS: to Atty. Hilario xxx.
stating that “pursuant to Sec. 481, Art. II of the LGC  Petitioner seeks to declare CSC Resolution No.
of 1991 providing that the position of City Legal 94-3336 dated June 23, 1994 and Resolution No. RULING: Petition DISMISSED for lack of merit.
Officer is co-terminous with the appointing authority, 93-4067 dated September 21, 1993 of the CSC
you are considered resigned.” Respondent Planas null and void. Whether Petitioner’s position as city legal officer
filed a complaint with the CSC against Petitioner and  Petitioner was appointed as City Attorney by the is confidential – YES.
a certain Pecson praying that they be found then OIC Mayor Brigido R. Simon, Jr., at that Petitioner
administratively liable for usurpation, grave time the OIC of the Office of the Mayor of QC  When he was appointed City Attorney, the
misconduct, being notoriously undesirable, gross under the Freedom Constitution of 1986. applicable law governing his appointment was
insubordination, and conduct grossly prejudicial to  The newly elected mayor, Ismael Mathay, Jr. BP Blg. 337 and, therefore, his position should
the best interest of the service. CSC issued Resolution took over from Mayor Simon. Mayor Mathay not be considered confidential.
No. 93-4067 stating that Petitioner should not be issued a letter to petitioner, which states: “In the  Although the said position was considered
allowed to continue holding the position of City absence of a tender of resignation on your part confidential under RA No. 5185, BP Blg. 337
Attorney of QC. Petitioner averred that that his from your present position as City Attorney (City impliedly repealed the confidential nature of the
position as city legal officer is not considered Legal Officer), please be informed that pursuant position when it expanded the duties of City
confidential and the CSC has no authority to remove to Sec. 481, Art. II of the LGC of 1991 providing Attorney.
or terminate his services. SC denied the petition and that the position of City Legal Officer is Court
ruled that the position of city legal officer is co-terminous with the appointing authority, you  Sec. 19, RA No. 5185: Sec. 19. Creation of
confidential. Also, when the CSC determined that are considered resigned as of June 30, 1992.” positions of Provincial Attorney and City Legal
Petitioner was no longer entitled to hold the position  Respondent Vice Mayor Charito L. Planas of QC Officer.—To enable the provincial and city
of City Legal Officer, it was acting within its filed a complaint with the CSC against petitioner governments to avail themselves of the full time
authority under the Administrative Code to hear and and a certain Jose L. Pecson praying that they be and trusted services of legal officers, the
decide complaints filed before it. found administratively liable for usurpation, positions of provincial attorney and city legal
DOCTRINE: The position of City Legal Officer is a grave misconduct, being notoriously undesirable, officer may be created and such officials shall be
confidential one. By virtue of RA No. 5185, both the gross insubordination, and conduct grossly appointed in such manner as is provided for
provincial attorney and city legal officer serve as the prejudicial to the best interest of the service. under Section four of this Act. For this purpose,
legal adviser and legal officer for the civil cases of  The CSC issued Resolution No. 93-4067: xxx the functions hitherto performed by the
the province and the city that they work for. Their Atty. Hilario should not be allowed to continue provincial and city fiscals in serving as legal
services are precisely categorized by law to be holding the position of the Legal Officer (City adviser and legal officer for civil cases of the
‘trusted services.’ xxx Said functions clearly reflect Attorney) of QC. province and city shall be transferred to the
the highly confidential nature of the two offices and
 provincial attorney and city legal officer, exercising any public privilege from the trusted services of a lawyer to his client which is
respectively. city for failure to comply with any of the highest degree of trust.
 BP Blg. 337, Section 188 enumerates the condition, or to pay any consideration
qualifications, powers and duties of the city legal mentioned in the grant of such franchise Whether the CSC has authority to remove or
officer: or privilege, and recommend appropriate terminate the services of Petitioner – YES.
Sec. 188. Appointment, Qualifications, action to the sangguniang panlungsod Petitioner
Compensation, Powers and Duties.— and the city mayor;  Questions the validity of CSC Resolution Nos.
(1) The city legal officer shall be appointed by e) Institute and prosecute in the city’s 93-4067 and 94-3336 for having been issued
the city mayor, subject to civil service law, interest when directed by the mayor, a without authority.
rules and regulation. suit on any bond, lease, or other contract  The CSC “usurped the power, functions, and
(2) No person shall be appointed city legal upon any breach or violation thereof; and prerogatives of Mayor Mathay to exclusively
officer unless he is a citizen of the f) Exercise such other powers and perform discipline and decide on matters affecting the
Philippines, of good moral character, a such other duties and functions as may conduct and employment of QC employees and
member of the Philippine Bar, and has be prescribed by law or ordinance. officials who are under his control and
acquired experience in the practice of his  An examination of the provisions of BP Blg. 337 supervision.”
profession for at least five years. reveals no intention by the legislature to remove  CSC Resolution 94-3336 states that: “It appears
(3) The city legal officer shall receive such the confidential nature of the position of city that Atty. Hilario was issued an appointment
compensation, emoluments and allowances legal officer. What it does is to merely specify effective August 18, 1986 by then Mayor Simon.
as may be determined by law or ordinance. the various qualifications, powers and duties of a Hence, his term of office is deemed to have
(4) The city legal officer shall be the chief legal city legal officer which were not enumerated automatically expired when now QC Mayor
adviser of the city and all offices thereof, under RA No. 5185. Mathay was elected in office and subsequently
and as such shall:  The position of City Legal Officer is a assumed his position.”
a) Represent the city in all civil cases confidential one. In Griño v. CSC: the position of  The Mayor is the only one who may remove him
wherein the city or any officer thereof, in City Legal Officer has its counterpart in the from office directly and not the CSC, which only
his official capacity, is a party; position of provincial attorney appointed by the has appellate powers to review the decision of
b) When required, draft ordinances, provincial governor, both being positions the Mayor.
contracts, bonds, leases and other involving the rendering of trusted services. By Court
instruments involving any interest of the virtue of RA No. 5185, both the provincial  Nothing in the Administrative Code precludes
city, and inspect and pass upon any such attorney and city legal officer serve as the legal the CSC from deciding a disciplinary case before
instruments already drawn; adviser and legal officer for the civil cases of the it. Sec. 47 thereof states: Sec. 47. Disciplinary
c) Give his opinion in writing, when province and the city that they work for. Their Jurisdiction.—(1) The Commission shall decide
requested by the mayor or the services are precisely categorized by law to be upon appeal all administrative disciplinary cases
sangguniang panlungsod, upon any ‘trusted services.’ xxx Said functions clearly involving the imposition of a penalty of
question relating to the city or the rights reflect the highly confidential nature of the two suspension for more than thirty days, or fine in
or duties of any city officer; offices and the need for a relationship based on an amount exceeding thirty days’ salary,
d) Investigate or cause to be investigated trust between the officer and the head of the local demotion in rank or salary or transfer, removal or
any city officer for neglect or misconduct government unit he serves. The ‘trusted services’ dismissal from office. A complaint may be filed
in office, or any person, firm or to be rendered by the officer would mean such directly with the Commission by a private citizen
corporation holding any franchise or against a government official or employee in
 which case it may hear and decide the case or it thus, there is no reason for him to vacate his  It is unfortunate, however, that the LGC of 1991
may deputize any department or agency or office. (RA No. 7160) in Sec. 481 made the position of
official or group of officials to conduct the Court legal officer coterminous with that of the
investigation. The results of the investigation  If Mayor Mathay really intended to retain the appointing authority. This, in my opinion,
shall be submitted to the Commission with services of petitioner as City Legal Officer, he certainly adds to the demoralization within the
recommendation as to the penalty to be imposed could easily have done so by issuing a formal ranks of career government employees since
or other action to be taken. appointment to this effect. appointments to the position of legal officer can
 Although respondent Planas is a public official,  At no time during the proceedings before the now be based on considerations other than
there is nothing under the law to prevent her CSC did Mayor Mathay ever indicate a desire to performance, efficiency, dedication and public
from filing a complaint directly with the CSC rescind his letter dated July 24, 1992. Nor did the service. The “spoils system” is now given free
against petitioner. Mayor raise any objection when the CSC ordered reign at least in the position of provincial
 When the CSC determined that petitioner was no petitioner to vacate the position of City Legal attorney and city attorney.
longer entitled to hold the position of City Legal Officer in QC.
Officer, it was acting within its authority under  Mayor Mathay’s silence is eloquent proof that he
the Administrative Code to hear and decide does not intend petitioner to continue in the said
complaints filed before it. position.

Petitioner Padilla, J, Separate and Concurring Opinion

 He is not covered by RA No. 7160, otherwise  His dissent in Griño v. CSC: the position of
known as The LGC of 1991, which explicitly provincial attorney (and, by analogy, the city
states that the term of the legal officers shall be attorney) is not primarily confidential but a
co-terminous with the office appointing career position, and, as such, the holder of the
authority. office owes his loyalty not to the appointing
 The co-terminous provision applies only to authority (the provincial governor or city mayor)
future appointments of the legal officer but does but to the provincial or city government for
not apply to incumbents. which he acts as counsel or attorney.
Court  The attorney-client relationship existed really
 This provision is but a reiteration of the principle between the local government unit concerned
that since the position of City Legal Officer is a and the lawyer appointed to the position of
confidential one, it is perforce deemed to be provincial or city attorney. It should be the local
co-terminous with that of the appointing government unit concerned which should decide
authority. whether or not to terminate said relationship and
not the governor or mayor alone.
Petitioner  Governors and mayors could go but the
 Although Mayor Mathay in his letter dated July provincial attorney and city attorney would
24, 1992 considered him resigned as of June 30, remain as a career officer, subject to removal
1992, the latter still continued to give him legal only for cause as provided by law and the civil
assignments, a cogent indication that Mayor service rules.
Mathay still reposes trust and confidence in him;