hilario v. csc

Nescito C. Hilario v. Civil Service Commission and Charito L. PlanasRomero, J. 31 March 1995S! Hilario was appointed City Attorney by then QC Mayor Simon. A new mayor, Mathay, was later elected. Mayor Mathay sent Hilario a letter informing him that his services were terminated. Subsequently, a complaint was led against Hilario with the CSC. !he CSC rendered "esolutions saying that Hilario should no longer be allowed to continue holding the position of #egal $%cer of QC. Hilario went to the SC, see&ing to nullify the CSC "esolutions.!he position of #egal $%cer is a condential one, and therefore its term is coterminous with the appointing Mayor. !he SC also said that the CSC had authority under the Administrative Code to remove petitioner."#C$S!' (etitioner was appointed City Attorney by then Mayor of QC )rigido ". Simon, *r. +$,C of the $%ce of the Mayor of QC. ' A new mayor, ,smael Mathay, *r., was subsequently elected. Mathay sent a letter toHilario informing him that the he is deemed resigned pursuant to Sec. -./, Art ,, of the #0C of /11/ which provided that the position of City #egal $%cer is co'terminous with the appointing authority.' 2ice Mayor of QC Charito (lanas later led a complaint with the CSC against Hilarioand a certain (ecson praying that they be found administratively liable for usurpation, grave misconduct, being notoriously undesirable, gross insubordination, and conduct grossly pre3udicial to the best interest of the service. ' CSC issued "esolution 4o. 15'-678 holding in abeyance any disciplinary action against Hilario. CSC also declared in the said resolution that Hilario should no longerbe allowed to continue holding the position of #egal $%cer +City Attorney9 of QC.' M" by Hilario was subsequently denied by the CSC in its "esolution 4o. 1-'5557. ' Hilario led a petition with the SC to annul the above mentioned resolutions of the CSC.%SS&'S(R'#S)N%N*!/9 %s the +osition o, Cit- Le.al )/cer a con0dential one1 2'S.Hilario:s arguments;a9 Hilario argued that when he was appointed City Attorney, the applicable law was )( 558, and therefore his position should not be considered condential. b9 He argues that while the position was considered condential under "A