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aVIlSBtVKE COMMISSION
Republicofthe Philippines m .
FEBJ e 2021,
VILLAROMAN, Joselito C
Re: Invalidated Appointment
^Petition for Review) REC'EIVKD
(N1720007319)
-X oatk J_9,-|vEB 2028"
0H
■ICKKHSIiPa'

■CE OF DEC!
ICE m:. > iiniLgcrmi
Sir/Madam:

The Commission promulgated on February 6, 2020 Decision No. 200088 on the

above-cited case, copy attached. Its original is on file with this Commission.
February 7,2020.

Very truly yours,

DOLORE^ B. BOf AGIO

Director IV
Commission Secretariat and Liaison Office
Copy furnished:

OlC-Ceneral Manager Angle Blaise P. Cafion

Binalbagan Water District
Binalbagan
6107 Negros Occidental

Engr. Joselito C. Vlilaroman

Binalbagan Water District
Binalbagan
6107 Negros Occidental

The COA Resident Auditor

Binalbagan Water District
Binalbagan
6107 Negros Occidental

Director IV Nelson C. Sarmlento

Civil Service Commission Regional Office VI
No. 7 Onate Street, Mandurrlao
5000 lloilo City

Director II Erna T. Ellran

Civil Service Commission Field Office - Negros Occidental
Jose Abad Santos Avenue, Barangay 39
BacolodCity
6100 Negros Qccidenta!

CSLO/SSD/APSTdong

Bawat Kawani, Lingkod Bayani

9 CSC Building, IBP Road, Batasan Hills, 1126 Quezon City «(02) 931 -7935/(02) 931-7939/(02) 931 -8092 fi|[email protected] # wwwxsc.gov.ph
 OWLSEffWgCPMMlglOK
kepublicofthe Philippines
VILLAROMAN,Joselito C. Number: 00088
Re: Invalidated Appointment
(■Petition for Review) Promulgated: 06 FEB 2020
(N1720007319)

DECISION

Angie Blaise P. Canon. Officer-in-Charge (OIC) - General Manager. Binalbagan Water

District. Binalbagan, Negros Occidental, files a Motion for Reconsideration, treated as a Petition
for Review, from Decision No, 180073 dated December 7, 2018 of the Civil Service Commission
Regional Office fCSC RO) VI. Iloilo Git}, dismissing her Appeal and affirming the invalidation
by the Civil Service Commission Field Office (CSC FOi-Negros Occidental, of the permanent
appointment of Engr. .ioseiiio C. Villaroman as Division Manager C. same water district, for
violation of Section c. Rule VII. Omnibus Rules Implementing Book V of Executive Order No.
292 and Section 130. RuleXII. 2017 Omnibus Rules on Appoimmems and Other Fluman Resource
Actions 12017 OR.'^OHRA).

Peninent ponions of Decision No, 180073 dated December 7. 2018 of the CSC RO VI
read, as follows:

vxv

"However, this Office likewise agrees -with the CSC FO-Negros Occidental
that the appointment issued to Eng\ Villaroman as Division Manager C was in
violation of Section 5. Rule VII of the Omnibus Rules Implementing Book V of
Executive Order No. 292 otherwise known as the 'Administrative Code of 1987'
and Section 130 of the 201 7 ORAOHRA. which respectively read, asfollows: xxx
"Documents attached to his appointment as Division Kdanager C of the
Binalbagan Water District (BWD) which were submitted to the CSC FO-Negros
Occidental disclose that prior to his appointment to saidposition. Engr. Villaroman
was the Principal Engineer B of the Local Water Utilities Admimsiraiion (L i.
As represented by Redemor C. Talavera. Offiicer-in-ChargeofLWUA w his letier
dated June Ii, 2018 addressed to CSC Chairperson Alicia dela Rosa-Bala Engr
Villaroman 'has provided technical assistance to several concerns of BWD and
latter considered him as an asset to their workforce Thus. LWUA requested the
Commission to approve andtor confirm (Engr. Villaroman si transfer effective
July}.20Ib.
"There is no showing thai upon the issuance of Engr. Villaroman's
appointment as Division Manager C ofBWD on July I. 20JS. the Commission has

rue Copy:

NGA
ChiefHijhian ResourceSpeciali.';!
Commission .Secretariat and Uai.sQii CfTice
Civil Service Ccmmission
Bawat Kawani, LIngkod Bayani
^CSCBuilding, iBP Road. Batasan Hills. n26QuezonCit\ £ (02) 93"-7935/(021 531-7939/(02) 931-809: jS-^cscptiii&xsc.aov.pt-, ^>www,csc.aov.pP
 VILLAROMAK.Joseillo C
Page 2 of9
X —

already approved LWJJA 's requestfor him lo be exempt from the prohibition on
transfer. In a letter dated August 16. 2018. OlC-General Manager Canon even
followed-up with the Commission the request for exemption relative to Engr.
I illaroman s transfer to BWD. Apparently, said request is still pending with the
Commission.

It is stressed that the CSC-approved exemption is indispensable

considering that LWUA exercises oversight functions over local water utilities as
can be gleaned in Section 62. Chapter 6. Title III of the Local Water Utilities
Administration Law which provides: xxx
XXX

"All told, the invalidation by the CSCNegros Occidental Field Office(CSC

FO'hep-os Occidental) ofthe appointment dated July 1. 201S ofEnp. Joselho C.
Iillaroman as Division Manager C under permanent status and in the nature of
transfer is in order.

"WHEREFORE, the appeal of Angle Blaise P. Canon. QIC-General

Manager of the Binalbagan Water District (BWD). Binalbagan. Negros
Occidental, is DISMISSED for lack of merit. The invalidation by the CSC FO-
Negros Occidental of the appointment dated July 1. 2018 of Enp. Joselito C.
Villaroman as Division Manager C under permanent status and in the ttature of
transfer is AFFIRMED "

In her Petition for Review. OIC-General Manager Canon advanced the following
arguments:

xxx

III.1.2. Clearly. Engr. Joselito C. Villaroman was never assigned lo

Binalbagan Water District to oversee its operation within one (1) year before his
appointment as Division Manager C. The technical assistance extended by Engr.
Joselito C. Villaroman mentioned in the Endorsement by the Board ofDirectors
was no) associated to 'overseeing' but an isolated case for humanitarian
consideration as the assignment/designation ofEngr. Joselito C. Villaroman since
June I. 2015 to June 30. 2018 was not in Southern Fepos iwhich includes BWDi
but in other areas. Meaning, the prohibition set by the cited provisions of the law
does not apply to the appointment ofEngr. Joselito C. Villaroman.
xxx

"III.2.2. It is worthy to reiterate that in the Certification issued by Acting

Manager Renaio J. Anyog. Area Operations - Luzon North of the Local Water
Utilities Administration, it is staled therein thai Engr. Joselito C. Villaroman has
been assigned with the following units:

e Copy:

•ChiefHuii/an Resource Specialist

Commission Secretariat a;:tl Liaison Oflice
Civil Service Ccmmission
 VILLAROMAN,ioselilo C.
Page j of9

January 1. 2013 lo June 30. 20]~ -Province oflloilo. Portion of

Capiz and Northern Part of
Negros Occidental

July 1. 2017 to June 30. 20J8 - Northern Luzon

III.2.3. This clearly shows that Engr. Joselilo C. Villaroman was never
assigned at Binalbagan W ater District to oversee its operation within one (1j vear
before his appointment as Division Manager C. The technical assistance extended
by Engr. Joselito C. Villaroman mentioned in the Endorsement bv the Board of
Directors mw not associated to 'overseeing' but an isolated casefor humanitarian
consideration as the assignment/designation ofEngr. Joselito C. Villaroman since
June 1. 2013 to June 30. 2018 vvaj' not in Southern Negros (which includes BWD)
but in other areas. Meaning, the prohibition set by the cited provisions of the lav-
does not apply to the appointment ofEngr. Joselilo C. Villaroman.

XXX

"in.2.9. In view of all the foregoing, the appointment of Engr. Joselito C.

Villaroman as Division Manager C fSG 22j of Binalbagan Water District.
Binalbagan. Negros Occidental should be upheld or approved.

XXA"

"III. 3.1. At present, it is a given fact that there is shortage of supply of

water in mastparts ofthe country. When summer season of2019 came. Binalbagan.
Negros Occidental is not spared from the shortage of water. Fortunately, the
various programs and projects initiated by Engr. Joselito C. Villaroman as
Division Manager C had somehow solved the perennial problem ofthe District for
water shortage, as the programs and projects implemented by Eng-. Joselito C
Villaroman had augmented the supply of water for the consumers.
"III.3.2. The invalidation of the appointment of Engr. Joselito C.
Villaroman would be a big loss to the BWL> and its consumers. In the event that his
appointment would be invalidated. BWD and its consumers would again suffer
shortage ofwater, as the programs andprojects initialed and irnmmemed bv Engr.
Joselito C. Villaroman would be prejudiced. Furthermore, future programs and
projects to be implemented by Engr. Joselito C. Villaroman would not be pushed
through.

Records show that on July I. 2018. OIC-General Manager Canon Issued an appointment
(transfer) to Villaroman as Division Manager C under permanent status at the Binalbagan Water
District. Binalbagan. Negros Occidental, Said appointment was submitted for attestation, but the

Tnie Copy:

SIT L9ffCiA
^ChiefHuc{lan Resource Specia.isE
Commission Secretariat and Liaison oSice
Civil Service Commission
 VJLLAROMAN,Joselilo C
Page 4 of''
>.

same was invalidated in a Letter dated July 26. 2018 of the CSC FO-Nesros Occidental the
pertinent ponions of which read, as follows;

xx^

After a careful scrutiny ofthe appoinimetv and supporting documents submitted,

this Officefinds the following:

No original copy of authenticated certificate of

eligibility/rating/license was submitted, in violation of
Section 4. Rule 11 of the 2017 Omnibus Rules on
Appointments and Other HR Actions fORAOHRA)

"• The appointment was issued in violation ofSection 5. Rule

171. Omnibus Rules Implementing Book L of Executive
Order No. 292. also known as the Revised Admmisirative
Code of 19S'. andSeciion 130 ofthe ORAOHRA.

"Moreover, records sho-w that Villaroman previously held the position ofPrincipal
Ettgineer B ai the Local Water Viiliiies Administration before he transferred to that
water district on July 2. 20IS.

XXX

"xxx, Engr. Villaroman has rendered technical assistance to the Binalbagan Water
District prior to his transfer to the said water district. However, as ofthis writing,
no CSC-approved exemption was submitted to this Office. Upon confirmation with
thai Office, you affrmed that the requestfor exemption is still pending M>ilh the
Commission, and that you issued the appoimment without the CSC-approved
exemption xxx.

"In view ofall the foregoing, this Office hereby INVALIDATES the appoimmeni
issued 10 Joselito C. Villaroman as Division Manager C(SG 22).'
On .August 9. 2018. QIC-General Manager Canon filed an appeal before the CSC RO VI
but the same was dismissed in the assailed Decision No. 180073 dated December 7. 2018. Hence,
this Petition for Review of OIC-General Manager Canon where the issue to be resolved is whether
the invalidation of the permanent appomtmeni of Villaroman as Division Manager C is in order.

Ce^^dTrue Copy:
ARTMU
'Chief Hilhian Resource Specialist
Commissioti Secretariaf.aiici Liaison OfTicc
Giyi! iPFVice Commission
 V.ILLAROMAN. Joseiiio C
Page 5 of9
x~ — _.v

The Qualification Standards (QS) for the Division Manaaer C position as prescribed in
CSC Memorandum Circular(MC) No. 05. s. 2016' vis-a-vis the qualifications of Villaroman
as maicated in his Personal Data Sheet CFDS) dated Jui\-1.2018 are. as follows;

I Qualification Standards for the Qualifications of Villaroman

1 Division Manager C position as based on his PDS dated July 1,
Factors
i prescribed in CSC MC No. 05, s. 2018
2016
: Master's degree OR Certificate in Bachelor of Science in Civil
Education ' Leadership and Manaaement from Engineering
the CSC
Principal Engineer B
CJanuar}' 7.1997 to June 30. 2018)
Local Water Utilities

Four (A) vears Administration

of
Experience
supeni'isory/managemeni
experience
Senior Engineer B
(August 16. 1989 to June 30.
1996] - Local Water Utilities
Administraiion
Training Pony (40) hours of Training on Government
supervisory/management learning Procurement Law (R.A. No.9184}
and development intervention and its Revised Implementing
undenaken within the last 5 vears Rules and Regulations
(November 10-11. 20161 - 16
Hours

Pursuing Excellence in Civil

Engineering for Global
Competiriveness
TDecember 2-4. 2015) — 24 Hours
Eligibiliry 1 Career Service Professional/ L-icensed Civil Enaineer
\ Second L-evel Elitiibilitv
A comparative evaluation of the foregoing data shows thai Villaroman meets the
experience and eligibility requirements of the subject position, having obtained more than four 141
years of supervisory experience and for being a licensed Civil Engineer.

As to the education requirement, the Commission rules that Villaroman also meets the
same, While it is true that Villaroman does not have a Master's Degree or Certificate in Leadership
and Management from the CSC. the aforesaid CSC MC No. 5. s. 2016. however, provides that
R.A. No. 1080 eligibles. the duties and responsibilities of which involve practice of profession.

Revised Qualification Standards for Division Chief and Executive/Managerial Positions in the Second Level.

rue Copy;
)NGA
'Chier'H fii.in Resource Specialist
Commission Secretarial a.-id Liaison Ofllce
Civil Jiervice Corami.ssion
 VILLAROMAK.Joseiito C
Pace 6 of9
^

are exempt from such requirement. As can be seen in the Position Description Form (PDF) of
Villaroman as Division Manager C. his duties and responsibilities of assuming the responsibilities
for the operation and maintenance of water district facilities, planning and desisnina of water
district water supply system and monitoring and supervising development of the proiecf s
construction stage, involves practice of profession as a Civil Engineer^, Item No. 3, CSC MC No.
5, s. 2016 provides, as follows;

3. RA 1080 eligibles shall be exemptfrom the master's degree requirement for

division chiefand executive/managerial positions the duties and responsibilities of
which involve practice ofprofession or belong to the same occupational group or
functionally related positions as that ofthe professions regulated bx bar or board
laws."

\\'ith regard to the requirement of forty (40) hours of supervisorv/managemeni leamins

and development ititerveniion undertaken within the last five (5) years, the Commission rules that
Villaroman likewise meets the same. While it is true that Villaroman's training on Government
Procurement Law (Republic Act No. 9184) and its Revised Implementing Rules and Regulations
from November 10-11. 20)6. or a total of sixteen (16) hours, is considered managerial, and thai,
his training on "Pursuing Excellence in Civil Engineering for Global Competitiveness" from
December 2-4. 2015. or a total of twenty-four (24) hours, is merely technical, the latter training
ma}' still be considered in his favor. Item No. 8, CSC MC No. 5, s. 2016 is applicable in the case
ofViiiaroman. thus:

XA'X

"8. For executive/managerial positions in the second level wnth duties and
responsibilities involving practice ofprofession, the Mandatory' Continuing Legal
Education (MCLE) for BAR passers, the Continuing Professional
Educatioit/Developmen! (CPE/CPD) for licensed professionals or trainings
relevant to practice of profession may constitute for a maximum of 40 hours of
technical training and the remaining 80 hours shall be management training taken
within the lastfive years reckonedfrom the date ofassessment."

Section.. Defmmon of Terms, tai The practice of avil engineenngwiihm the meaning and iment ofthis Act shall
embrace services in the form of consuliation. design, preparation of plans, specifications, estimates, erection,
installation and supervision of the construction ofstreets, bridges, highwavs. railroads, airports and hangars, port
works, canals, river and shore improvements, lighthouses, and d>y docks: buildings, fixed structures for irrigation,
flood pi oiection. drainage, water supply and sewerage works: demolition ofpermanent structures: and tunnels. The
entimei anon ofany work in this section shall not be construed as excluding anv other work requiring civil engineering
knowledge and application."fRepublic Act [R.A.] No. 544. as amended bv R.A. 1582. or otherwise known as the
'Civil Engineerin.2 Law"!.

Cer?:)jfee/TrueCopyj

PChieiHunfati Resourci Specialist

Commission skretariat and biaisoii u.Tice
Civil Service Commission
 MILLAROMAN, JoselitoC.
Page 7 ofo

Having met all the Qualification Standards for the Division Manager C position, the
Commission will now proceed to the issue of whether the appointment of Villaroman for the said
position in the nature of transfer violated Section 5, Rule VII, Omnibus Rules Implementing
Book V, Executive Order No. 292 and Section 130, Rule XII, 2017 Omnibus Rules on
Appointments and Other Human Resource Actions (2017 ORAOHRA) which provide, as
follows:

XXX

"Omnibus Rules Implementing Book V ofEG No. 292

XXX

"RULE VII

"OTHER PERSONNEL ACTIONS

"SEC. 5. XXX

"Heads ofoversight agencies and their staffare prohibited fi-om transferring

or being appointed to any position in the department/agency/office/local
government unit which his unit is assigned or designated to oversee within one year
after the termination ofsuch assignment/designation.
"The prohibition contemplates only transfer ofofficials ofthose offices/units
who are in a position to exert pressure or influence on the new or accepting agency
bur nor to cover those occupying clerical and skilled positions such as clerks and
drivers."

"Sec. 130. Unless allowed by the Commission in meritorious cases, heads of

oversight agencies and their staff are prohibited from iransferring or being
appointed to any position in the department,'agency,'office/local governmem unu
which their unit is assigned or designated to oversee within one vear aiier the
termination ofsuch assignment or designation."
As borne out by the records, the BWD Board of Directors through Resolution No. Oil.
Series of2018. resolved to accept the application of Villaroman. a lone applicant for the Division
Manager C position, to transfer empioymeni from the LWUA to the BWD. citing Villaromairs
accomplishment of having provided technical assistance to the several concerns of the BWD for
"humanitarian consideration" and "on a pro bono" basis, as well as of having met the required
qualification standards for the Division Manager C position. The BWD Board of Directors also

"rue Copy:
. .AGA
/Chief Hiifiian Resource Specialist
Commission Secretarial, and Ljaiscm OfTice
Cfvl! Service Commission
 YILLAROMAK. JoseliioC
Page £ ofP

cued BWD's urgent need of a technical personnel to address its water supplv svsiem problems
Further, in a Letter dated December 27. 2018. LWUA QIC Nestor G. Evanuelista informed the
Commission of the following:

XXX

"With all the gathered documents and information, we state thefolloM'ing:

1. Mr. Villaroman was never assigned either as Interim General Manager
or Resident Engineer to BWD to oversee its operation within one (1) vearprior to
his transfer thereat. He provided technical assistance to BWDfor 'humanitarian
consideration' and 'on a pro bono'basis M-hich is not per se 'overseeing'. It was
more ofa 'walking an extra mile'on his parr xxx.

He did not physically move to BWD to oversee its operation. His official
assignment did not include BWD. as can be gleaned from the Cenificaiion dated
30 July 20!8 issued by his then superior. Engr. Renato J. Anvogxxx."
From the above-mentioned justifications, it has been sufficiently proven that Villaroman's
transfer to BWD will serve the best interest of the service. Thus, in CSC Resolution No. 1901102
dated September 23, 2019-'. the Commission granted the request of then LWUA QIC Redentor
C. Talavera to exempt the transfer of Villaroman to BWD from the rule prohibiting transfer of
officials to agencies they are designated to oversee within one (1) year after the lemiination of
such designation. Pertinent portions of said CSC Resolution No. 1901102 read, as follows:

.VXA'

"In sum. the Commission is convinced that Villaroman can fill up the
position of Division Manager C as his transfer is an exemption from the rule
prohibitins within one Cl) vear the transfer ofofficials ofoversishr bodies lo ofnces
ihev are desisnaied to oversee pursuant to Section 5. Rule VII ofthe Omnibus Rules
implementing Book V of EG Ha. 292 and Section 130, Rule XIJ of the 2017
ORAOHRA.

"WHEREFORE, the request ofRedentor C. Talavera. Officer-in-Charge.

Local Water Utilities Administration. Quezon C/n. ft herebv GRANTED
Accordingly, the Commission allows the transfer of Joseino C. Viliawman.
Principal Engineer B. same Office, to ihe Binalbagan Water District. Binalbagi an.
Negros Occidental, effective July I 2018."

^ VILLAROMAN. Joseiito C.(Re: Transfer).

'<1 True Copy:

'-Til Huflian I'.esourMSfjeciaiNc

n!ii..iSioii Secrelariata.'sil Uiaisoii Office
Civil Sen/ice CGnimission
 .ViLLAROMAK. Josehin C
Page of9
^

WHEREFORE, the Petition for Review of Angie Blaise P. Canon. Officer-in-Charge

(QIC) — General Manager. Binalbagan Vi'aier District. Binalbagan. Negros Occidental, is hereby
GRANTED. According!)'. Decision No. 180075 dated December 7. 2018 of the Civil Service
Commission Regional Office(CSC RO)VI. Iloilo City, dismissina Canon's Appeal and affirmina
the invalidation by the Civil Service Commission Field Office(CSC FO)-Negros Occidental, of
the permanent appointment of Engr. Joselito C. Villaroman as Division Manager C. same water
district, for violation of Section 5. Rule Vll. Omnibus Rules Implementing Book V of Executive
Order No. 292 and Section 130. Rule XII. 2017 Omnibus Rules on Appointments and Other
Human Resource Actions (2017 ORAOHRA). is SET ASIDE. The appointment of Villaroman
as Division Manager C is VALIDATED effective July 1. 2018.
The CSC RO VI is directed to reflect this Decision in the appointment, service card and
other documents of Villaroman.

A copy of this Decision shall be furnished the Commission on Audit-Binalbagan Water

District. Binalbagan. Negros Occidental, for its reference and appropriate action.
Quezon Cit> .

ALl dela ROSA-BALA

Chairperson

LEOPOLD'O ROBERTO . VALDEROSA,JR.

\i Commissioner

jyiltlj
AILEEN LOURDES A. LIZADA
Commissioner

.attested bv:

D0L0RB6 B. BONTFAaO
Director
" T.rntvp.reil cn Febriiarj' 1,2020 hciice Commission Secretariat and Liaison Office
tLi;r,3Ciciriy pursuant fi,
Tjimaps.Jr. VS. CUMEi-EC 357 5CRA 350
OLAS/XJi'ViS-mpml^
i 'itioroman. Joselnn

Co-pyi

ARTH
'ChiefHumfen P.esyarf.cSpeciaiist
Commis^on.flecreiarlst 2.;<1 tiaiscn Office
civil SsFVlce ESSi(Tlli>il".s