EN BANC

[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.
DECISION
CALLEJO, SR., J.:
This is a petition for review on certiorari of the Decision [if !

of the Court of Appeals dated August 12, 2002

supportFootnotes][1][endif]

reversing Resolution No. 002778 of the Civil Service

Commission (CSC) which denied the respondents 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 Management (DBM) thru Director Miguel B.
Doctor approved his request for the creation
[if !supportFootnotes][2][endif]

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 positions to meet the prescribed
educational qualification. The educational
[if !supportFootnotes][3][endif]

requirement for the position of Executive Assistant is a

Bachelors degree relevant to the job and [if !supportFootnotes][4][endif]

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 Bachelors 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
Coterminous Temporary status. [if !supportFootnotes][5][endif]

However, on February 6, 1996, Director Nelson Acebedo

of the CSC National Capital Region (NCR) issued a post
audit report on the issuance of Ongs 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 Ongs appointment was changed from July 1, 1995 to
November 2, 1995. [if !supportFootnotes][6][endif]

Considering the said adjustment in the effectivity date of

Ongs appointment, the respondent then requested
approval for the payment of her salary for services
rendered for the period of July 1, 1995 to October 31,
1995.
The petitioner denied the request for the payment of
Ongs salary in Resolution No. 974094 dated October 16,
1997. Citing Rep. Act No. 7430 also known as
[if !supportFootnotes][7][endif]

the Attrition Law which, in part, states that no

appointment shall be made to fill up a vacancy unless an
authority has been granted by it, [if
the
!supportFootnotes][8][endif]

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 7041
and RA 7430. [if !supportFootnotes][9][endif]
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.
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 movants expense [if !supportFootnotes][10][endif]

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

981399 denying the respondents motion for
reconsideration. It affirmed its ruling that the
[if !supportFootnotes][11][endif]

effectivity date of Ongs 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 Ongs
appointment was not included in the POEAs 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
appointment of Ong in its July ROPA. [if !supportFootnotes][12][endif]
The petitioner also held that the POEA only submitted
Ongs appointment in its ROPA for the month of November
1995. Such belated report rendered the appointment in
July ineffective.
[if
The petitioner concluded
!supportFootnotes][13][endif]

that there was clearly no legal basis for the payment of

Ongs salary prior to November 2, 1995, and that the
principle of quantum meruit invoked by the respondent
was not applicable.
The respondent moved for a clarification of CSC
Resolution No. 981399, pointing out that the petitioner
did not rule on the matter of POEAs alleged violation of
the Attrition Law, particularly on the failure to secure
prior authority to fill. The respondent asserted that the
POEAs alleged failure to include the proposed
appointment of Ong in its July 1995 ROPA was justified
because Ongs 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 Ongs 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 respondents) 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 Ongs 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
personal liability of then Administrator Felicisimo O. Joson.
[if !supportFootnotes][14][endif]

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:
WHEREFORE, the second Motion for Reconsideration of
Felicisimo O. Joson, Jr. is hereby DENIED. Accordingly, the
CSC Resolution No. 974094 dated October 16, 1997
stands. [if !supportFootnotes][15][endif]

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 17, 1999 stands.
This case is considered closed and terminated. [if !supportFootnotes][16]

[endif]

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 Ongs compensation from 1 July 1995 to 31
October 1995, is hereby SET ASIDE. [if !supportFootnotes][17][endif]

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 appoint, 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 Administrators 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 appointees 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
respondents request and stated that the appointment of
Ong may be approved under a coterminous temporary
status.[if !supportFootnotes][18][endif]

The task of the petitioner is to insure that the appointee

has all the qualifications for the position; otherwise it
disapproves the appointment. In this case,
[if !supportFootnotes][19][endif]

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, Ongs
appointment is in order, viz:
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 College taking up BS in
Business Administration.[if !supportFootnotes][20][endif]

The respondent reiterated the urgency of Ongs

appointment in his letter-request for the payment of Ongs
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 an injustice to
Ms. Ong if she is not properly compensated for a job very
well done especially in such a sensitive position. [if !supportFootnotes]

[21][endif]

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, Ongs 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 petitioners contention that Ongs
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;
(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 by
the Civil Service Commission without said authorization. [if !

supportFootnotes][22][endif]

Appointments made in violation of this Act shall be null

and void.
In CSC Resolution No. 974094, the petitioner denied the
respondents motion for the POEA to pay Ongs 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 has been granted by the Commission. [if !

supportFootnotes][23][endif]
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. [if !supportFootnotes][24][endif]

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.
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 statutes
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. [if !

Every part of the statute must be interpreted

supportFootnotes][25][endif]

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. [if !supportFootnotes][26][endif]
We find the respondents justification for the failure of the
POEA to include Ongs 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 CSC.
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 Lord
Holt in Parker v. Kent, and reiterated by Lord
[if !supportFootnotes][27][endif]

Ellenborough and full Kings Bench in 1865 in Rex v.

Bedford Level, One who has the reputation
[if !supportFootnotes][28][endif]

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. [if
By color of authority is
!supportFootnotes][29][endif]

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,
[if !supportFootnotes][30][endif]

not the color of title that distinguishes an officer de facto

from a usurper. Being a de jure officer, Ong
[if !supportFootnotes][31][endif]

is entitled to receive all the salaries and emoluments

appertaining to the position.
[if !supportFootnotes][32][endif]

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
earlier than the date of its issuance. [if !supportFootnotes][33][endif]

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:
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 Commission. [if !supportFootnotes][34][endif]

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.