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Sinon Vs CSC

1) EO 116 called for the evaluation of 29 MAO positions in Cagayan after the Ministry of Agriculture and Food was reorganized into the Department of Agriculture. 2) Upon re-evaluation, the DARAB issued a new ranking that placed Banan 29th, ousting Sinon from his position. However, Sinon was appointed as MAO based on the original evaluation. 3) The CSC granted Sinon's appeal but later granted Banan's MR, giving due course to her appointment in accordance with RA 6656 which mandates preference be given to employees holding permanent appointments for comparable positions in the reorganized agency.

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Ricardo Delacruz
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506 views1 page

Sinon Vs CSC

1) EO 116 called for the evaluation of 29 MAO positions in Cagayan after the Ministry of Agriculture and Food was reorganized into the Department of Agriculture. 2) Upon re-evaluation, the DARAB issued a new ranking that placed Banan 29th, ousting Sinon from his position. However, Sinon was appointed as MAO based on the original evaluation. 3) The CSC granted Sinon's appeal but later granted Banan's MR, giving due course to her appointment in accordance with RA 6656 which mandates preference be given to employees holding permanent appointments for comparable positions in the reorganized agency.

Uploaded by

Ricardo Delacruz
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© © All Rights Reserved
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Name:

CONSTITUTIONAL LAW 1
Monday and Friday 5:30-8:30p.m.

ELISEO A. SINON vs THE CIVIL SERVICE COMMISSION


215 SCRA 410
SUBJECT MATTER: Political and Justiciable Question
Facts:

On Jan. 30, 1987, the Ministry of Agriculture and Food was reorganized into the Department of
Agriculture (DA). During the time, EO 116 was issued, calling for the evaluation of employees
for the 29 MAO positions in Cagayan. It is to protect the security of tenure of Civil Service
members in government reorganization; RA 6656 was passed, creating Placement Committees
in the reorganized government agencies and departments.

Upon the re-evaluation, DARAB issued a new ranking. Banan came out 29th, ousting Sinon.
The DARAB resolution containing the new ranking was duly signed and approved by the DA
Secretary. Despite of his removal from the list, Sinon was appointed MAO on the basis of the
original PC evaluation. His appointment was approved by the DA Regional Director.

On Nov. 22, 1989, Sinon appealed to the CSC. His appeal was granted for two main reasons:
First, the DARAB failed to file a timely Comment. Second, the evaluation of employees’
qualifications is a question of fact which the appointing authority or his assisting PC is in a
better position to determine. Banan filed an MR, asserting that she is more qualified than
Sinon and that the DARAB ranking should prevail over the PC ranking because the DARAB
ranking was approved by the DA Secretary who is the agency head. CSC granted the MR and
gave due course to Banan’s appointment.

Issue:

Whether or not the Civil Service Commission committed grave abuse of discretion in reviewing
and reevaluating Sinon’s qualification?

Held:

No. There was no statement in the assailed CSC resolution directing Banan’s appointment. It
was simply an affirmation of Banan’s appointment as recommended by DARAB and approved
by the DA Secretary. This is in compliance with paragraph 4 of RA 6656 which mandates that
officers and employees holding permanent appointments shall be given preference for
appointment to the new positions in the approved staffing pattern comparable to their former
positions.

Also, the term “incumbent officer” and the privileges generally accorded to them would more
aptly refer to Banan and not to Sinon whose appointment was never confirmed completely.
There is no dispute that the position of MAO in the old staffing pattern is most comparable to
the MAO in the new staffing pattern.

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