SALVACION, Jesusa S. et.al.
Re: Clarification; Appointment
x---------------------------------------x
RESOLUTION NO. 020544
Jesusa Salda�a Salvacion, Fay Pati�o Pontilla, Police Officers 2 and Armando Bellen Aizon, Police
Officer 1, Philippine National Police (PNP), Region VIII, Palo, Leyte in an undated petition received by the Civil
Service Commission Regional Office (CSCRO) No. VIII, Palo, Leyte on March 20, 2001 request the Commission to
make their reinstatement retroact from the date of their dismissal so that they may not incur a gap in their service.
In their Petition, Salvacion, et al. states, as follows:
"WHEREFORE, the foregoing premises considered, it is most respectfully prayed:
‘1) That upon the effectivity of the reinstatement to the PNP service of the
undersigned be retroactive from the date of the dismissal, thus, taking into consideration
that the undersigned were absolved from the administrative case charged.
‘2.) That the undersigned be deemed not to have left the service pursuant to the
provision of Omnibus Rules Implementing Book V of Executive Order 292 and Other
Pertinent Civil Service laws on Rule 3 of sec 4 of par (g), which provides to wit:
"Reinstatement is the issuance of an appointment to a person who has been previously
appointed to a position in the career service & who has, through no delinquency or
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misconduct been separated therefrom or to one who has been exonerated of the
administrative charges unless the decision exonerating him specifies restoration to his
previous position. It is understood that one who has been exonerated or has been illegally
terminated is deemed not to have left the service."
Records show that the appointments of Salvacion, Pontilla and Aizon, among others, were disapproved by
the Civil Service Field Office-Leyte on the ground that they did not meet the height requirements pursuant to
Republic Act 69751. Because of the said disapproval, the PNP-Regional Command (RECOM) No. VIII, through
Police Senior Superintendent Domingo Sabi�ano, issued Special Order No. 224 dated April 18, 1997, terminating
the services of the said PNP appointees effective 16 April 1997. However, the said appointees appealed the
disapproval of their appointment to the CSCRO No. VIII, which was subsequently referred to the Commission for
appropriate action.
Likewise, on August 4, 1997, Police Senior Superintendent Tua Cula Ulama who replaced Director Coloma,
Jr. as Regional Director, PNP-RECOM No. VIII, appealed the disapproval of the appointments of the said
appointees.
After evaluation of the case, the Commission in CSC Resolution No. 97-4250 dated October 21, 1997
ruled, as follows:
"x x x Ordinarily, the subsequent termination by the PNP-RECOM No. VIII of the
services of the said PNP trainees would render the instant appeal moot and academic.
"Be that as it may, in order to settle the controversy on the strict enforcement of the
height qualifications for all PNP trainees once and for all, the Commission deems it
germane to resolve the appeal of Ulama, Santos, et al., on the merits.
"Pursuant to R.A. 6975 and O.M. No. 22, s. 1996, the height requirement for male
appointees is a barefeet height of 1.62 meters and for female appointees, 1.57 meters.
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"Earlier, in CSC resolution No. 97-2896 (Rivera, Ma. Theresa), dated 20 May 1997,
the Commission approved the appointment of several PNP recruits despite the difference
of their respective height to the required height under the law. It must be noted, however,
that the Commission only considered as negligible the height deficiencies of those who
were shorter by less than one (1) centimeter especially if they have already undergone the
intensive training given by the PNP. Corollarily, those who are shorter than the required
height by one (1) centimeter or more should not be considered for appointment in the
PNP.
"In line with the ruling of the Commission in the above-mentioned case, only the
appointment of the PNP recruits whose height deficiencies are less than one (1)
centimeter and have undergone training shall be approved.
"WHEREFORE, the appointments of the following maybe approved provided all the
other requirements are complied with:
‘Name
Height
Difference
156.5 cm.
.5 cm.
‘1. x x x
‘2. Fay P. Pontilla
‘3. Jesusa A. Salda�a 156.75 cm. .25 cm.
‘4. x x x
‘5. Armando B. Aizon
161.5 cm.
.5 cm."
The issue to be resolved in this case is whether or not the reinstatement of the appointees may retroact from
the date of their termination so as not to incur a gap in their service.
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Considering that the Commission approved the appointments of the petitioners, the instant petition of the
appointees is more of a request for clarification of CSC Resolution No. 97-4250 rather than a formal appeal thereof.
Relevant to the issue is Section 1, Rule IV, Revised Omnibus Rules on Appointments and other
Personnel Actions2 which provides, as follows:
"Sec. 1. An appointment issued in accordance with pertinent laws and rules shall
take effect immediately upon its issuance by the appointing authority, and if the appointee
has assumed the duties of the position, he shall be entitled to receive his salary at once
without awaiting the approval of his appointment by the Commission. The appointment
shall remain effective until disapproved by the Commission. In no case shall an
appointment take effect earlier than the date of its issuance." (Emphasis supplied)
It is noted that the appointments which were approved by the Commission by virtue of CSC Resolution No.
97-4250 are the same appointments which were originally issued by then Senior Superintendent Coloma, Jr. and
which were subsequently disapproved by CSC Field Office-Leyte. These were the same disapproved appointments
which caused the termination of the appointees by Senior Superintendent Domingo Sabi�ano through Special
Order No. 224 dated April 18, 1997. However, it is also of record that Police Senior Superintendent Tua Cula Ulama
who, as stated, replaced Director Coloma, Jr. as Regional Director, PNP-RECOM No. VIII, appealed the
disapproval of the appointments of the said appointees to the Commission. In effect, Director Ulama approves of the
appointments originally issued by Director Coloma, Jr.
Moreover, as stated in CSC Resolution No. 97-4250, the Commission deemed it necessary to rule on the
instant case based on the merits, notwithstanding, that the services of the appointees were earlier terminated. Thus,
the Commission took cognizance of the appeal and later on approved the subject appointments. Further, even with
the earlier termination, it is noted that the same was issued precisely due to the earlier disapproval of the
appointments by CSC Field Office-Leyte. Hence, were it not for the earlier disapproval, the said appointees may not
have been terminated.
It is clear from the aforequoted provision of the Omnibus Rules on Appointment that the appointments of
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Salvacion, et al., remained effective until disapproved by the Commission. Conversely, since the Commission
thereafter approved the subject appointments, such appointments remained effective from the time of their issuance
on September 4, 1996.
Nevertheless, the fact that the appointees were terminated on April 16, 1997 and reinstated on October 21,
1997 may not be taken for granted. While the appointees are correct in asserting that ‘the person reinstated is
deemed not to have left the service’, the same is true only when the termination was found to be illegal.3 In the
instant case, the termination of the appointees was done in good faith and was not exactly baseless, even though,
the basis thereof was subsequently found inaccurate. Moreover, during this period, it does not show in the records
that the appointees rendered any service. For that reason and in accordance with the ruling of the Commission in
CSC Resolution No. 02-0167 (JUAREZ, Bernardine) dated February 1, 2002, the appointees during said
period should be considered on leave without pay and without any gap in the service. Specifically, said Resolution
states, as follows:
"On the ground of equity and substantial justice, the Commission therefore,
considers her on leave without pay during the period she was out of the service. And while
she is not entitled to backwages for she did not render any service from the time she was
dropped from the rolls to her reemployment, the same shall not be considered as a gap in
the service."
Similarly, on the basis of equity and social justice, the period covering the time when the services of the
appointees were terminated until their actual reinstatement or from April 16, 1997 until October 16, 1997 should not
be considered as a gap in the service but instead be considered as on leave without pay.
WHEREFORE, premises considered, the Commission resolves to clarify that the period covering the time
when the services of Jesusa Salda�a Salvacion, Fay Pati�o Pontilla and Armando Bellen Aizon were terminated
until their actual reinstatement should not be considered as a gap in their service but instead be considered as on
leave without pay. The same should be reflected in their service records.
Quezon City, APR 15 2002
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(Signed)
J. WALDEMAR V. VALMORES
Commissioner
(Signed)
KARINA CONSTANTINO-DAVID
Chairman
(Signed)
JOSE F. ERESTAIN, JR.
Commissioner
Attested by:
(Signed)
ARIEL G. RONQUILLO
Director III
1
AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, AND FOR
OTHER PURPOSES
2CSC MC Number 40, series 1998, as amended by CSC MC Number 15, series 1999
3
Sec tion 4 (g), Revised Omnibus Rules on Appointments and other Personnel Ac tions
FPG/KPZ/X3/X14/d15/jrl
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