TOLEDO V CSC and COMELEC

Marcoss PD 807 (Civil Service Decree), which established a new CSC and
superseded RA 2260, also provided that rules and regulations shall become

Facts:
Atty. Augusto Toledo was appointed by then Comelec Chairman Ramon
Felipe as Manager of the Education and Information Department of the
Comelec on May 1986, at which time Toledo was already more than 57 years

effective only 30 days after publication in the OG or in any newspaper of

general circulation. The new CSC adopted the CSRPAP . No provision re
prohibition of appointment of 57 year old made in PD 807; prohibition was
purely created by CSC.

old. Toledos appointment papers and his oath of office were endorsed by the

The provision cannot be valid, being entirely a CSC creation, it has no basis

Comelec to the CSC on June 1986 for approval and attestation. However, no

in the law which it was meant to implement. It cannot be justified as a valid

prior request for exemption from the provisions of Section 22, Rule III of the

exercise of its function of promulgating rules and regulations for that function,

CSRPAPwhich prohibits the appointment of persons 57 years old or above

to repeat, may legitimately be exercised only for the purpose of carrying the

into government service without prior CSC approvalwas secured.

provisions of the law into effect; and since there is no prohibition or restriction

Petitioner then reported for work.

on the employment of 57-year old persons in the statuteor any provision

Comelec, upon discovery of the lack of authority required under CSRPAP,

and CSC Memo Circular 5 issued Resolution No. 2066, which declared void
from the beginning Toledos appointment. Petitioner appealed to CSC, which
considered him a de facto officer and his appointment voidable, and moved
for reconsideration but was denied, hence the present petition for certiorari.
Issue:
W/N CSRPAP provision is valid
Held:
No. The Civil Service Act of 959 (RA 2260), which established the CSC,
contained no provision prohibiting appointment or reinstatement into
government service of any person already 57 years old. Sec 5 Rule 6 of the
Revised Civil Service Rules, which prohibits such, was purely the creation of
CSC.

respecting age as a factor in employmentthere was nothing to carry into

effect through an implementing rule on the matter. The power vested in the
CSC was to implement the law or put it into effect, not to add to it; to carry
the law into effect or execution, not to supply perceived omissions in it.
Additionally, the CSRPAP cannot be considered effective as of the time of the
application to Toledo of a provision thereof, for the reason that said rules
were never published as required by both RA 2260 and PD 807. The
argument that it was a mere reiteration of existing law and circularized
cannot stand as formerly discussed.
Also, Toledos separation from service was through no fault of his
own. Petition granted.