October 4, 1991
Ponente: Paras, J.
FACTS
In May 1986, Atty. Augusto Toledo was appointed by then Comelec Chairman Ramon Felipe as Manager of the Education and Information Department of the Comelec. At the time of his appointment, Toledo was already more than fifty-seven (57) years old.
In June 1976, Toledo's appointment papers, particularly Civil Service Form No. 333 and his oath of office were endorsed by the Comelec to the Civil Service Commission (CSC), for approval and attestation. However, no prior request for exemption from the provisions of Section 22, Rule III of the Civil Service Rules on Personnel Action and Policies (CSRPAP) was secured.
Said provision prohibits the appointment of persons 57 years old or above into the government service without prior approval by the Civil Service Commission (CSC Memorandum Circular No. 5, Series of 1983).
So in January 1989, upon discovery of the lack of approval and attestation of Toledo, Comelec issued Resolution No. 2066, which declared Toledo's appointment void from the beginning.
Toledo appealed to the CSC, but his appeal was denied. Hence, the instant petition.
RULING
Whether the prohibition on the appointment of individuals above the age of 57 is valid. -- NO.
First, such prohibition appears only in the CSRPAP, which may be considered as merely the rules and regulations put in place by CSC to implement civil service laws (Civil Service Act of 1959, R.A. No. 2260, P.D. No. 807). But none of these laws contains a provision prohibiting individuals above the age of 57 from being appointed.
In other words, the said prohibition was purely a creation of the CSC, having no reference to any provision in the laws intended to be implemented, such as a requirement, for instance, that age should be reckoned as a factor in the employment or reinstatement of an individual, or a direction that there be a determination of some point in a person's life at which he becomes unemployable, or employable only under specific conditions.
It was therefore an unauthorized act of legislation on the part of the Civil Service Commission.
It cannot be justified as a valid exercise of its function of promulgating rules and regulations for that function, to repeat, may legitimately be exercised only for the purpose of carrying the provisions of the law into effect; and since there is no prohibition or restriction on the employment of 57-year old persons in the statute—or any provision respecting age as a factor in employment—there was nothing to carry into effect through an implementing rule on the matter.
Second, these rules and regulations (CSRPAP) were never published either in the Official Gazette or any newspaper of general circulation. The fact of non-publication of these rules was even admitted by CSC itself. As such, these rules can be said to have never taken effect.
Toledo's petition was granted by SC.