hilario v. csc

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Nescito C. Hilario v. Civil Service Commission and Charito L. Planas Romero, J. – 31 March 1995 SV: 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 filed against Hilario with the CSC. The CSC rendered Resolutions saying that Hilario should no longer be allowed to continue holding the position of Legal Officer of QC. Hilario went to the SC, seeking to nullify the CSC Resolutions. The position of Legal Officer is a confidential one, and therefore its term is coterminous with the appointing Mayor. The SC also said that the CSC had authority under the Administrative Code to remove petitioner. FACTS: - Petitioner was appointed City Attorney by then Mayor of QC Brigido R. Simon, Jr. (OIC of the Office of the Mayor of QC. - A new mayor, Ismael Mathay, Jr., was subsequently elected. Mathay sent a letter to Hilario informing him that the he is deemed resigned pursuant to Sec. 481, Art II of the LGC of 1991 which provided that the position of City Legal Officer is co-terminous with the appointing authority. - Vice Mayor of QC Charito Planas later filed a complaint with the CSC against Hilario and a certain Pecson praying that they be found administratively liable for usurpation, grave misconduct, being notoriously undesirable, gross insubordination, and conduct grossly prejudicial to the best interest of the service. - CSC issued Resolution No. 93-4067 holding in abeyance any disciplinary action against Hilario. CSC also declared in the said resolution that Hilario should no longer be allowed to continue holding the position of Legal Officer (City Attorney) of QC. - MR by Hilario was subsequently denied by the CSC in its Resolution No. 94-3336. - Hilario filed a petition with the SC to annul the above mentioned resolutions of the CSC.

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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