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    Trade and Investment Development Corp. vs. Civil Service Commission G.R. No. 182249 March 5, 2013

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    TIDCORP appointed Arsenio de Guzman to the permanent position of Financial Management Specialist IV in August 2001. The CSC later invalidated the appointment because the position was not included in the DBM's Index of Occupational Service. TIDCORP argued that RA 8494 exempts it from position classification laws and empowers it to create its own staffing structure. The CSC denied the appeal. The Supreme Court ruled that under the principle of literal interpretation, RA 8494 only requires TIDCORP to "endeavor to conform as closely as possible" to position classification laws rather than fully comply, recognizing TIDCORP's exemption. The phrase "to endeavor" allows TIDCOR

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    Trade and Investment Development Corp. vs. Civil Service Commission G.R. No. 182249 March 5, 2013

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    TIDCORP appointed Arsenio de Guzman to the permanent position of Financial Management Specialist IV in August 2001. The CSC later invalidated the appointment because the position was not included in the DBM's Index of Occupational Service. TIDCORP argued that RA 8494 exempts it from position classification laws and empowers it to create its own staffing structure. The CSC denied the appeal. The Supreme Court ruled that under the principle of literal interpretation, RA 8494 only requires TIDCORP to "endeavor to conform as closely as possible" to position classification laws rather than fully comply, recognizing TIDCORP's exemption. The phrase "to endeavor" allows TIDCOR

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    TIDCORP appointed Arsenio de Guzman to the permanent position of Financial Management Specialist IV in August 2001. The CSC later invalidated the appointment because the position was not included in the DBM's Index of Occupational Service. TIDCORP argued that RA 8494 exempts it from position classification laws and empowers it to create its own staffing structure. The CSC denied the appeal. The Supreme Court ruled that under the principle of literal interpretation, RA 8494 only requires TIDCORP to "endeavor to conform as closely as possible" to position classification laws rather than fully comply, recognizing TIDCORP's exemption. The phrase "to endeavor" allows TIDCOR

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    21 views2 pages

    Trade and Investment Development Corp. vs. Civil Service Commission G.R. No. 182249 March 5, 2013

    Uploaded by

    Aa T
    TIDCORP appointed Arsenio de Guzman to the permanent position of Financial Management Specialist IV in August 2001. The CSC later invalidated the appointment because the position was not included in the DBM's Index of Occupational Service. TIDCORP argued that RA 8494 exempts it from position classification laws and empowers it to create its own staffing structure. The CSC denied the appeal. The Supreme Court ruled that under the principle of literal interpretation, RA 8494 only requires TIDCORP to "endeavor to conform as closely as possible" to position classification laws rather than fully comply, recognizing TIDCORP's exemption. The phrase "to endeavor" allows TIDCOR

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    Topic: Verba Legis under Literal Interpretation

    Trade and Investment Development Corp. vs. Civil Service Commission


    G.R. No. 182249 March 5, 2013
    FACTS:
    In August 2001, Arsenio de Guzman was appointed on a permanent status as Financial
    Management Specialist IV of TIDCORP, a government-owned and controlled corporation. His
    appointment was included in TIDCORP’s Report on Personnel Actions for August 2001, which
    was submitted to the CSC – Department of Budget and Management (DBM) Field Office.
    Months later, Director Leticia M. Bugtong disallowed De Guzman’s appointment because the
    position of Financial Management Specialist IV was not included in the DBM’s Index of
    Occupational Service. TIDCORP’s Executive Vice President Jane U. Tambanillo then appealed
    the invalidation of De Guzman’s appointment to Director IV Agnes Padilla of the CSC- NCR.
    Tambanillo argues that Republic Act No. 8494, which amended TIDCORP’s charter, empowers
    its Board of Directors to create its own organizational structure and staffing pattern, and to
    approve its own compensation and position classification system and qualification standards.
    CSC-NCR Director Agnes Padilla denied her appeal because De Guzman’s appointment failed to
    comply with Section 1, Rule III of CSC Memorandum Circular No. 40, which requires that the
    position title of an appointment submitted to the CSC must conform with the approved Position
    Allocation List and must be found in the Index of Occupational Service. Since the position of
    Financial Management Specialist IV is not included in the Index of Occupational Service, de
    Guzman’s appointment to this position must be invalid. Hence, this petition for review on
    certiorari with TIDCORP claiming that the CSC’s interpretation of RA 8494 is misplaced.

    ISSUE:
    Whether or not the wording in RA 8494 command TIDCORP to follow the said
    requirements despite its exemption from laws involving position classification

    RULING:
    NO. Under the principles of statutory construction, if a statute is clear, plain and free
    from ambiguity, it must be given its literal meaning and applied without attempted interpretation.
    The plain-meaning rule or verba legis came from the maxim index animi sermo est (speech is the
    index of intention) and rests on the valid presumption that the words employed by the legislature
    in a statute correctly express its intent and preclude the court from construing it differently. The
    legislature is presumed to know the meaning of the words, to have used words advisedly, and to
    have expressed its intent by the use of such words as are found in the statute. Verba legis non est
    recedendum, or from the words of a statute there should be no departure.”
    In the case at bar, the phrase “to endeavor” means to “to devote serious and sustained
    effort” and “to make an effort to do” which is synonymous with the words to strive, to struggle
    and to seek. The use of “to endeavor” in the context of Section 7 of RA 8494 means that despite
    TIDCORP’s exemption from laws involving compensation, position classification and
    qualification standards, it should still strive to conform as closely as possible with the principles
    and modes provided in RA 6758. The phrase “as closely as possible,” which qualifies
    TIDCORP’s duty “to endeavor to conform,” recognizes that the law allows TIDCORP to deviate
    from RA 6758, but it should still try to hew closely with its principles and modes. Had the intent
    of Congress been to require TIDCORP to fully, exactly and strictly comply with RA 6758, it
    would have so stated in unequivocal terms. Instead, the mandate it gave TIDCORP was to
    endeavor to conform to the principles and modes of RA 6758, and not to the entirety of this law.

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