Cuasay, Daphnie J.

AB Political Science

Civil Service Commission vs. Nita P. Javier

(Case Digest)

I. Facts

On November 2, 2002, the Civil Service Commission filed the petition against the
respondent Nita Javier regarding the invalidation of her reappointment as Corporate
Secretary of GSIS, which was filed before the Court of Appeals, alleged the
following:

1. The reappointment of respondent as Corporate Secretary was invalid because

the given position was not primarily confidential, but career and permanent.
2. She can no longer comply with eligibility requirements for a permanent career
status.
3. She was no longer qualified for a permanent career position because she has
reached the age 65, which is the compulsory age requirement.

The respondent filed a Petition for Review with the Court of Appeals with the
denial of her plea for reconsideration.

Thus, the Court of Appeals had examined the functions, duties and
responsibilities of the respondent as GSIS Corporate Secretary, and officially
declared that her position is primarily confidential in nature.

With regards to this, the Civil Service Commission filed a motion for
reconsideration, which was denied by the Court of Appeals.

Therefore, the case was in favor of the respondent Nita P. Javier.

II. Issues

The Court is confronted with the following issues:

1. Whether or not the courts may determine the proper classification of a position in
government.

2. Whether or not the position of corporate secretary in a GOCC is primarily

confidential in nature.
III. Held and Ruling

1. No. Based on the Civil Service Act of 1959, it is not the legislative, the executive
or the judicial to determine the classification of the position; it is the nature of the
position that declares whether it is confidential, highly technical or policy. The
Court could only declare the classification of the position in government in case
of conflicts.

In addition to this, a case involving the nature of the position of a district engineer
in Baguio also served as the court basis, wherein the Supreme Court held that
the President could not transfer the engineer in Baguio against his consent.

2. Yes, the court has the power to make final determination as to which positions in
government are primarily confidential or otherwise, as the statutes themselves do
not classify the position of corporate secretary as permanent and career in
nature.

Wherefore, premises considered, the petition is DENIED. The Decision of the

Court of Appeals dated September 29, 2005, in CA-G.R.SP No. 88568, as well as its
Resolution of June 5, 2006 are hereby AFFIRMED in toto.