#48 CIVIL SERVICE COMMISSION V.

SALAS REYES
TOPIC: APPOINTMENT TO CIVIL SERVICE

b. Sec. 16 of PD 1869 has been superseded and

repealed by Section 2(1), Article IX-B of the
Constitution.

DOCTRINE: The nature of the position, as may be

ascertained by the court in case of conflict, which finally
determines whether a position is primarily confidential,
policy-determining or highly technical.

ISSUE/S: WON
employee. NO.

FACTS:
1. Respondent Salas was appointed by PAGCOR
Chairman as Internal Security Staff [ISS] member
and assigned to the casino at Manila Pavilion Hotel.
2. His employment was terminated for loss of
confidence after a covert investigation of the
Intelligence division of PAGCOR.
a. From affidavits of 2 customers of PAGCOR
who were used as gunners by the
respondent, the latter was allegedly engaged
in proxy betting.
b. 2 polygraph tests show corroborative and
unfavorable results.
3. Salas submitted a letter of appeal to the Chairman
and the Board of Directors of PAGCOR requesting
for reinvestigation since he was not given an
opportunity to be heard. It was DENIED.
4. The appeal with the Merit Systems Protection Board
was denied on the ground that as a confidential
employee, respondent was not dismissed from
service but his term of office expired. CSC affirmed
the decision of MSPB.
5. CA- Salas is not a confidential employee, hence he
may not be dismissed on the ground of loss of
confidence.
a. CA applied proximity rule

RATIO:
1. The power to declare a position as policydetermining, primarily confidential or highly
technical as defined therein has subsequently been
codified and incorporated in Section 12(9), Book V
of Executive Order No. 292 or the Administrative
Code of 1987.
a. Serves to bolster the validity of the
categorization made under Section 16 of
Presidential
Decree
No.
1869.
Such
classification is not absolute and all
encompassing.
2. Two recognized instances when a position may be
considered primarily confidential:
a. When the President, upon recommendation
of the CSC, has declared the position to be
primarily confidential;
b. In the absence of such declaration, when by
the nature of the functions of the office there
exists close intimacy between the appointee
and the appointing power which insures
freedom
of
intercourse
without
embarrassment or freedom of misgivings of
betrayals of personal trust or confidential
matters of state.
3. It would seem that the case falls under the first
category by virtue of Sec. 16 of PD 1869, but the
second category shows otherwise.

respondent

Salas

is

confidential

4. Since the enactment of Civil Service Act of 1959, it

is the nature of the position which finally
determines whether a position is primarily
confidential, policy determining, or highly technical.
Executive pronouncements [like PD 1869] are
merely initial determinations that are not
conclusive in case of conflict.
5. Piero doctrine -- notwithstanding any statutory
classification to the contrary, it is still the nature of
the position, as may be ascertained by the court in
case of conflict, which finally determines whether a
position is primarily confidential, policy-determining
or highly technical -- is still controlling with the
advent of the 1987 Constitution and the
Administrative Code of 1987, Book V of which deals
specifically with the Civil Service Commission,
considering that from these later enactments, in
defining positions which are policy-determining,
primarily confidential or highly technical, the
phrase "in nature" was deleted
a. Submission that PAGCOR employees have
been declared confidential appointee by
operation of law must be rejected.
6. The primary purpose of the framers of the
Constitution in providing for declaration of a
position as policy determining, highly confidential,
or highly technical is to exempt these categories
from competitive examination as a means for
determining merit and fitness.

a. These positions are covered by security of

tenure although they are considered noncompetitive only un the sense that
appointees do not have to undergo
examinations to determine merit and fitness.
7. CA Correctly applied proximity rule. Where the
position occupied is remote from that of the
appointing authority, the element of trust between
them is no longer predominant.
a. Position of the private respondent does not
involve such close intimacy between him
and the appointing authority. FACTORS:
i. Routine duties of Salas [check full text]
ii. ISS members do not directly report to
the office of the chairman in the
performance of their official duties.
Subject to the control and supervision
of an Area Supervisor.
iii. Position of ISS belongs to the bottom
level salary scale of the corporation,
being in pay class 2 level only [pay
class 12 being the highest]
DISPOSITIVE: CA order affirmed. Salas not a confidential
employee.