admin csc cases.docx - G.R No 191672 DENNIS A B FUNA Petitioner vs THE CHAIRMAN CIVIL SERVICE COMMISSION FRANCISCO T DUQUE III EXECUTIVE SECRETARY

admin csc cases.docx - G.R No 191672 DENNIS A B FUNA...

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G.R. No. 191672 November 25, 2014 DENNIS A. B. FUNA, Petitioner, vs. THE CHAIRMAN, CIVIL SERVICE COMMISSION, FRANCISCO T. DUQUE III, EXECUTIVE SECRETARY LEANDRO R. MENDOZA, OFFICE OF THE PRESIDENT, Respondents. D E C I S I O N BERSAMIN, J.: The independence of the Civil Service Commission (CSC) is explicitly mandated under Section 1, 1 Article IX-A of the 1987 Constitution. Additionally, Section 2, Article IX-A of the 1987 Constitution prohibits its Members, during their tenure, from holding any other office or employment. These constitutional provisions 3 are central to this special civil action for certiorari and prohibition brought to assail the designation of Hon. Francisco T. Duque III, Chairman of the CSC, as a member of the Board of Directors or Trustees in an ex officio capacity of the (a) Government Service Insurance System (GSIS); (b) Philippine Health Insurance Corporation (PHILHEALTH), (c) the Employees Compensation Commission (ECC), and (d) the Home Development Mutual Fund (HDMF). Antecedents On January 11, 2010, then President Gloria Macapagal-Arroyo appointed Duque as Chairman of the CSC. The Commission on Appointments confirmed Duque’s appointment on February 3, 2010. On February 22, 2010,President Arroyo issued Executive Order No. 864 (EO 864), whose complete text is quoted as follows: EXECUTIVE ORDER NO. 864 INCLUSION OF THE CHAIRMAN OF THE CIVIL SERVICE COMMISSION IN THE BOARD OF TRUSTEES/DIRECTORS OF THE GOVERNMENT SERVICE INSURANCE SYSTEM, PHILIPPINE HEALTH INSURANCE CORPORATION, EMPLOYEES’ COMPENSATION COMMISSION AND THE HOME DEVELOPMENT MUTUAL FUND WHEREAS, Section 2 (1), Article IX-B of the 1987 Philippine Constitution provides that the civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters; WHEREAS, Section 3, Article IX-B of the 1987 Constitution mandates, among others, that the Civil Service Commission (CSC), as the central personnel agency of the government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service, and shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability; WHEREAS, Section 14, Chapter 3, Title I-A, Book V of the Administrative Code of 1987 (Executive Order No. 292) expressly states that the Chairman of the CSC shall bea member of the Board of Directors or of other governing bodies of government entities whose functions affect the career development, employment, status, rights, privileges, and welfare of government officials and employees, such as the Government Service Insurance System, Foreign Service Board, Foreign Trade Service Board, National Board for Teachers, and such other similar boards as may be created by law; WHEREAS, Presidential Decree No. 1 dated September 24, 1972, explicitly empowers the
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