Case Digest: Office of the ombudsman v CSC

ISSUE:  Whether or not de Jesus’ appointment may be properly changed from temporary status to permanent despite non-compliance with the eligibility requirement for the position of Graft Investigation Officer III. 

FACTS:  On 31 Jul 2002, Melchor Arthur Carandang, Paul Elmer Clemente, and Jose Tereso de Jesus, Jr. were appointed Graft Investigation Officers III of the Office of the Ombudsman. The Civil Service Commission approved such appointments on the condition that appointees must obtain CES or CSE eligibility to acquire security of tenure. Carandang and Clemente had been conferred with CSE eligibility on 06 Jun 2003. 

DECISION:  Yes 

RATIO DECIDENDI:  Under P.D.No. 807, Section 9(h) which authorizes the CSC to approve appointments to positions in the civil service, except those specified therein, its authority is limited only to whether or not the appointee possess the legal qualifications and the appropriate eligibility, nothing else. Third level eligibility is not required for third level officials appointed by the Ombudsman in light of the provisions of the Constitution vis a vis the Administrative Code of 1987.