LYDIA O. CHUA, petitioner, vs. THE CIVIL SERVICE COMMISSION, THE NATIONAL IRRIGATION ADMINISTRATION and THE DEPARTMENT OF BUDGET AND MANAGEMENT, respondents.; G.R. No. 88979. February 07, 1992

GIST: 

RATIONALE:

it can be argued that: Expressio unius est exclusio alterius - express mention of one thing excludes all others.

but this prevails:

DOCTRINE OF NECESSARY IMPLICATION.

What is implied in a statute is as much a part thereof as that which is expressed. Every statute is understood, by implication, to contain all such provisions as may be necessary to effectuate its object and purpose, or to make effective rights, powers, privileges or jurisdiction which it grants, including all such collateral and subsidiary consequences as may be fairly and logically inferred from its terms since no statute can be enacted that can provide all the details involved in its application.

FACTS:

1. In line with the policy of streamlining and trimming the bureaucracy, R.A.6683 (2 December 1988) was enacted to provide for the early retirement and voluntary separation of government employees as well as involuntary resignation to those affected due to reorganization. Those who may avail were regular,  casual, temporary and emergency employees, with rendered service minimum of two years. 

Sec. 2. Coverage. — This Act shall cover all appointive officials and employees of the

National Government, including government-owned or controlled corporations with original charters, as well as the personnel of all local government units. The benefits  authorized under this Act shall apply to all regular, temporary, casual and emergency  employees, regardless of age, who have rendered at least a total of two (2) consecutive  years of government service as of the date of separation. Uniformed personnel of the Armed Forces of the Philippines including those of the PC-INP are excluded from the coverage of this Act.

2  Petitioner Lydia Chua was hired by the National Irrigation Administration Authority (NIA) for over 15 years as a co-terminous employee of 4 successive NIA projects. 

3. Petitioner Lydia Chua, believing that she  is qualified to avail of the benefits of the program, filed an application on January 30, 1989 with the NIA but was denied by  her employment with NIA as co-terminous with the NIA project which is contractual in nature. 

4. CSC likewise denied.

4. She was instead offered separation benefits of ½ monthly basic pay for each year of service.

5. The OSG says petitioner's status is co-terminous with the Project.

a) co-terminous with the project — When the appointment is co-existent  with the duration of a particular project for which purpose employment was made or subject to the availability of funds for the same. 

6. Thus, Chua filed a petition for certiorari insisting that she is entitled to the benefits granted under Republic Act No. 6683.

ISSUE:

Whether or not the petitioner is entitled to the benefits granted under Republic Act No. 6683 with her "co-terminous" employment.

HELD:

YES. Petitioner is entitled as a "co-terminous" employee to the benefits granted under R.A. 6683.

Petitioner was established to be a co-terminous employee, a non-career civil servant, like casual and emergency employees. The Supreme Court sees no solid reason why the latter are extended benefits under the Early Retirement Law but the former are not. It will be noted that Rep. Act No. 6683 expressly extends its benefits for early retirement to regular, temporary, casual and emergency employees. But specifically excluded from the benefits are uniformed personnel of the AFP including those of the PC-INP. It can be argued that, expressio unius est exclusio alterius ( express mention of an item excludes others)  but the applicable maxim in this case is the doctrine of necessary implication which holds that “what is implied in a statute is as much a part thereof as that which is expressed”.

[T]he Court believes, and so holds, that the denial by the respondents NIA and CSC of petitioner’s application for early retirement benefits under R.A. No. 6683 is unreasonable, unjustified, and oppressive, as the petitioner had filed an application for voluntary retirement within a reasonable period and she is entitled to the benefits of said law. It is also violative of the equal protection clause enshrined under Sec. 1 of Article III of the 1987 Constitution if the Early Retirement Law is construed to deny a class of government employees who are similarly situated as those covered by said law; to not entitle co-terminous employee when non-civil servant like casual and emergency employees are entitled. 

In the interest of substantial justice, Chua's application must be granted; after all she served the government not only for two (2) years — the minimum requirement under the law but for almost fifteen (15) years in four (4) successive governmental projects.

RULES/LAWS INVOLVED:

CSC Memorandum Circular No. 11, series of 1991 (5 April 1991)

(3) Co-terminous status shall be issued to a person whose entrance in the service is characterized by confidentiality by the appointing authority or that which is subject to his pleasure or co-existent with his tenure.

The foregoing status (co-terminous) may be further classified into the following:

a) co-terminous with the project — When the appointment is co-existent with the duration of a particular project for which purpose employment was made or subject to the availability of funds for the same;

b) co-terminous with the appointing authority — when appointment is co-existent with the tenure of the appointing authority.

c) co-terminous with the incumbent — when appointment is co-existent with the appointee, in that after the resignation, separation or termination of the services of the incumbent the position shall be deemed automatically abolished; and

d) co-terminous with a specific period, e.g. "co-terminous for a period of 3 years" — the appointment is for a specific period and upon expiration thereof, the position is deemed abolished.

The Early Retirement Law(Rep. Act No. 6683

The appointment status of government employees in the career service is classified as follows:

1. permanent — one issued to a person who has met the requirements of the position to which appointment is made, in accordance with the provisions of the Civil Service Act and the Rules and Standards promulgated in pursuance thereof; 7

2. temporary — In the absence of appropriate eligibles and it becomes necessary in the public interest to fill a vacancy, a temporary appointment should be issued to a person who meets all the requirements for the position to which he is being appointed except the appropriate civil service eligibility: Provided, That such temporary appointment shall not exceed twelve months, but the appointee may be replaced sooner if a qualified civil service eligible becomes available.

The Administrative Code of 1987 characterizes the Career Service as:

(1) Open Career positions for appointment to which prior qualification in an appropriate examination is required;

(2) Closed Career positions which are scientific, or highly technical in nature; these include the faculty and academic staff of state colleges and universities, and scientific and technical positions in scientific or research institutions which shall establish and maintain their own merit systems;

(3) Positions in the Career Executive Service; namely, Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service and other officers of equivalent rank as may be identified by the Career Executive Service Board, all of whom are appointed by the President.

(4) Career officers, other than those in the Career Executive Service, who are appointed by the President, such as the Foreign Service Officers in the Department of Foreign Affairs;

(5) Commission officers and enlisted men of the Armed Forces which shall maintain a separate merit system;

(6) Personnel of government-owned or controlled corporations, whether performing governmental or proprietary functions, who do not fall under the non-career service; and

(7) Permanent laborers, whether skilled, semi-skilled, or unskilled

The Non-Career Service, on the other hand, is characterized by:

. . . (1) entrance on bases other than those of the usual tests of merit and fitness utilized for the career service; and (2) tenure which is limited to a period specified by law, or which is coterminous with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose employment was made.

Included in the non-career service are:

1. elective officials and their personal or confidential staff;

2. secretaries and other officials of Cabinet rank who hold their positions at the pleasure of the President and their personal confidential staff(s);

3. Chairman and Members of Commissions and boards with fixed terms of office and their personal or confidential staff;

4. contractual personnel or those whose employment in the government is in accordance with a special contract to undertake a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished within a specific period, which in no case shall exceed one year and performs or accomplishes the specific work or job, under his own responsibility with a minimum of direction and supervision from the hiring agency.

5. emergency and seasonal personnel. 10

There is another type of non-career employee:

Casual — where and when employment is not permanent but occasional, unpredictable, sporadic and brief in nature (Caro v. Rilloroza, 102 Phil. 70; Manuel v. P.P. Gocheco Lumber Co., 96 Phil. 945)