7/24/2019 #55 Meram v. Edralin
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#55 MERAM v. EDRALIN REYES
TOPIC: CIVIL SERVICE COMMISSION
DOCTRINE: Appointments under the civil service lawshould be
based on merit and ftness and should never
depend on how intimate a riend or how closely related
anappointee is to the powers that be.
FACTS:
1. Respondent Filipina Edralin, training ocer o theureau o
Forest development !F"#, was proposedor appointment to the position
o Administrative$cer %, R&'( in the Administrative "ivision
oF".
). *erein +etitioner, administrative ocer R&'-, andr.
Agravio /upply $cer %, R&'- fled theirprotests against the
proposal.
(. "irector o F" sent a memorandum to therespondent minister
stating that there are 0 F"personnel in the central oce who are
consideredne2t&in&ran34 to the vacant position
!includingpetitioner and Agravio#. t was also ound out
thatEdralin5s current position was not ne2t&in&ran3.
0. 6/6 orwarded to the respondent minister theprotests.
/ubse7uently !) days ater# respondent
inister orwarded the permanent appointment oEdralin as
administrative $cer % to the6ommission or appropriate action.
8. Appointment approved by the 6ommission sub9ectto the outcome
o the protests o the petitioner andr. Agravio. Respondent minister
dismissed theprotests.
:. +etitioner and Agravio appealed to the erit/ystems oard. /
decided in avor o Agravio.*owever, / modifed its decision
revo3ing
Agravio5s appointment on the ground that he hadbeen ine;ective
in the said position. +etitioner wasappointed in the vacant
position.
'. Respondent appealed to the 6/6. "enied.Respondent fled a
letter&petition with the $ce o
the +resident invo3ing /ection 1 o +.". ?o. @-'./he averred that
the / and 6/6 had no9urisdiction on petitioner5s appeal.
a. urisdiction in promotional contests is lodgedwith the inistry
head and appeal by theaggrieved party rom decisions o saidinistry
head should be ta3en to the $ce othe +resident.
@. +resident sent a letter to ustice BaCaro
!+residentialAssistant or Begal A;airs# to tell "irector o F"
tosuspend everything pending study by the $+.
