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GUANZON, Aldrin James L.PA 122 REGALA, Marc Daniel d. J.Hilda G. Diokno

Lademora, Carl C. vs. CSC, Feb, 05, 2007

Facts: On February 3, 2006 petitioner, the duly elected Mayor of San Francisco, Agusan Del Sur, filed a Motion for Reconsideration of the invalidation of the approval of the temporary appointment of Daligdig with the CSC-CARAGA, where the case contains the following relevant portions:

a) On July 5, 2005 Mayor Lademora appointed, Gil A. Daligdig as Municipal Government Department Head I, under temporary status, of the Municipality of San Francisco, Agusan Del Sur. On the following day, July 6, 2005 the appointment of Daligdig was submitted to the Sangguniang Bayan of said municipality for its concurrence.

b) On August 10, 2005 the Committee on Personnel Policies and Good Government submitted a report to the Sangguniang Bayan. On the basis of the report of the Committee, the Sangguniang Bayan of said municipality pursuant to its Resolution No. 182, series of 2005, denied its concurrence on the appointment of Daligdig.

c) Mayor Lademora appealed the invalidation of the approval of the appointment of Daligdig with the CSC-CARAGA. However, in its Order dated December 5, 2005, CSC-CARAGA dismissed his appeal for lack of merit.

Issues: Whether the invalidation of the appointment of Daligdig is in order

Decision:

NO, the decision of the CSC-CARAGA invalidating the appointment of Daligdig as Municipal Government Department Head I is not in order. Therefore the CSC granted the appeal of Mayor Lademora in pursuant to the Section 443 (d) of Republic Act No. 7160, where it is stated that the Sanggunian concerned shall act upon the appointment fifteen (15) days after the date of is submission, otherwise the appointment is deemed as valid. In the case of the appointment of Daligdig the Sangguniang Bayan issued its non-concurrence on August 10, 2005, whereas the appointment should have been resolved fifteen (15) days...
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