City attorney junks raps of four CH workers bypassed for promotion

CEBU, Philippines - The Cebu City legal office has dismissed the complaints of four city treasurer personnel who were not appointed to permanent positions in spite of the Personnel Selection Board’s approval.

Julieta Cuenca, Sandra Po, Esterlita Garrido and Zosima Sebes claimed that the PSB approved their appointments to the positions as Local Treasury Operations Officer 4, Local Treasury Operations 3, Local Revenue Collection Officer 4 and Local Revenue Collections 3, respectively.

But in spite of it they were not appointed to the positions, prompting them to file a complaint against the personnel division of the City Hall.

City legal officer Joseph Bernaldez said that the employees were wrong in assuming that they are already appointed to the position after having approved by the PSB. Bernaldez explained that it does not follow that that when you get the approval from the PSB the mayor’s approval is only ministerial.

“While the act of appointment may in proper cases be the subject of mandamus, the selection itself of the appointee taking into account the totality of his qualifications, including those abstract qualities that define his personality is the prerogative of the appointing authority,” investigating lawyer June Maratas said in his report.

The Cebu City Council, where the four employees filed their complaints, referred the issue before the city legal office.

According to Bernaldez, the Supreme Court has always declared that appointment is a highly discretionary act that even the highest court of the land cannot compel the appointing authority to accept a job applicant.

According to Bernaldez, the one who is next in rank is entitled to preferential consideration for promotion, but it does not necessarily follow that he and no one else can be appointed.

Bernaldez further explained that the rule neither grants a vested right to the holder nor imposes a ministerial duty on the appointing authority to promote such person to the next higher position.

The complainants earlier said they were very disappointed and demoralized because there were six other employees who have been appointed to the positions and the head of the City Hall personnel section did not bother to inform them of the reasons why they were not appointed. (FREEMAN NEWS)