CASE DIGEST: RIMONTE VS. CSC. GR NO. 112045 May 29, 1995

FACTS: 

Rimonte was the incumbent Planning Officer III in the Office of the Ombudsman.  Office Order No. 90-32 was then issued directing the implementation of the "performance appraisal system" as a basis for evaluation of providing for the "General Policy and Procedural Guidelines in the Placement of Personnel for the New Staffing Pattern".

Petitioner applied to different positions including any of the positions of Records Officer V of the Central Records Division. Petitioner was appointed to the position of Associate Graft Investigation Officer III while Roque was appointed Records Officer V.

Petitioner filed a protest on Roque's appointment to CSC and assailed that he has the better qualifications than her. However, CSC denied his protest, the same with his motion for reconsideration. 

ISSUE:

1. Whether CSC commits grave abuse of discretion.

2. Whether the appointment made by the appointing authority may be disregarded on the ground that someone has better qualification than the appointed officer.

RULING:

1. No. CSC is correct in ruling that the appointment of Roque to the position is proper and that she is qualified to the disputed position.

CSC did not commit grave abuse of discretion in the exercise of its jurisdiction in attesting to the appointment of Roque. As long as the appointee is qualified, the CSC has no choice but to attest and to respect the appointment even if it be proved that there are others with superior credentials. The law limits the Commission's authority only to whether or not the appointees possess the legal qualifications and the appropriate civil service eligibility, nothing else.

In this case, CSC founds out that Roque possesses all qualifications to the position. Now the discretion to appoint her leaves to the appointing authority. 

2. No. The power of appointment is essentially discretionary provided the appointee is qualified. Even though someone is said to be better or proved to have superior credentials, the head of the agency who is the appointing power is the one most knowledgeable to decide who can best perform the functions of the office.