Gloria v. De Guzman | Dan 9 October 1995 SEC. RICARDO RICARDO T. GLORIA, GLORIA, in his capa capacity city as Secre Secretar tary y of Educat Education ion,, Cultur Culture e & Sport Sports s and and Chairman of the Board of Trustees Trustees of the Philippine State Collee of !eronautics !eronautics "PSC!#$ JULIAN J. LOLENG, JR., JR., in his capacity as Officer%in%Chare of PSC!$ and BOARD OF TRUSTEES of PSCA, petitioners, s' HON. s' HON. SALVADO SALVADOR R P. DE GUZMAN, JR., Presidin (ude of Branch 11), *eional Trial Trial Court Court of Pasay, Pasay, +etro +anila$ +anila$ VIRGILIO VIRGILIO R. RAMOS, RAMOS, LEONY LEONY P. SENDIN, ROSARIO V. CERILLO, ANDREA A. PESTANO, ARTHUR V. RODRIGUEZA, LENI V. DIMAYUGA, JAIME ABON, RIZALDO RIZALDO O. VALLE, VALLE, JOIE ARCEO, ARCEO, SHIRLEY SHIRLEY PESTA PESTANO, SERVA SERVANDO SACUEZA, SACUEZA, JAIME JAIME C. PONEGA PONEGAL, L, EDGAR EDGARDO DO MERCAD MERCADO, O, CRIST CRISTINA INA BULAD BULADO, O, BENIG BENIGNO NO T. AQUIN AQUINO, O, RODEL RODEL PESTANO, JUN JAY PARMA, NILO B. ELLO, and ELLO, and NELSON NELSON SACUEZA, S ACUEZA, respondents' respondents' NATURE: Petition for Certiorari before the SC SUMMARY: *espondents *espondents *amos, et al' ere issued temporary appointments to arious positions in the Philippine !ir -orce Collee of !eronautics "P!-C!#' "P!-C!#' Cerillo, one of the *espondents, as issued a one%year one%year temporary appointment to the position of Board Secretary ..' Cerillo as later remoed due to loss of confidence, but as later desinated to the position of Coordinator for E/tension Serices' CSC later rote to P!-C! statin that temporary appointments ere ood and reneable only up to 1990' On 2ecember 1990, O.C Col' 3olen of P!-C! "no the Philippine State Collee of !eronautics or PSC!# notified *amos, et al' that they shall be deemed terminated terminated upon e/piration of their temporary temporary appoint appointment ments' s' On 05 (une 199), *amos, *amos, et al' filed a Petition Petition for Mandamus and *einstatement before *TC Pasay' *espondent (ude de 4uman ruled that Cerillo should be reinstated to the position of Coordinator' 6ence, Petitioners Sec' 4loria, et al' filed the instant Petition for Certiorari before the SC' The SC held that Cerillo as merely desinated to the position$ thus, she had not riht to be reinstated thereto' +oreoer, as the position did not e/ist in PSC!7s plantilla, the Board could not ma8e appointments to that position' The SC also held that Cerillo could not be reinstated to the position of Board Secretary .. as she as already dismissed due to loss of confidence' Thus, Cerillo is not entitled to attorney7s fees and costs' Petition granted ' DOCTRINE: ! mere desination desination does not confer upon the desinee security of tenure in the position or office hich he occupies in an actin capacity only' The choice of an appointee from amon those ho possessed the reuired ualifications is a political and administratie decision callin for considerations of isdom, conenience, utility and the interests of the serice hich can be best made by the 6ead of the office concerned' *einstatement is technically issuance of a ne appointment hich is essentially discretionary, to be performed by the officer in hich it is ested accordin to his best lihts, the only condition bein that the appointee should possess the ualifications reuired by la' Such e/ercise of the discretionary poer of appointment cannot be controlled, not een o by the Court as lon as it is e/ercised properly by the appointin authority' •
•
•
FACTS: *espondents *amos, et al' ere employees of the Philippine !ir -orce Collee of !eronautics "P!-C!#' P!-C! as created by irtue of P2 1:; on 0< (anuary 19' =nder the 2ecree, the Board of Trustees "Board# has the authority to appoint officials and o employees of the collee e/cept the +embers of the Board of Trustees and the President of the collee' On 1 !pril pril 1991, 991, the Boa Board issu issue ed *eso *esolu luti tion on 91%:0< :0< hic hich h decl decla ared tha that >?a@l ?a@lll facultyAa facultyAadmin dministra istratie tie employe employees es are also subect subect to the reuire reuired d ciil serice serice eliibili eliibilities, ties, in accordance ith pertinent ciil serice la, rules, and reulations' *amos, et al' ere thus issued only temporary appointments because at the time of their o appointment, appointment, they either lac8ed the appropriate ciil serice eliibilities or otherise failed to meet the necessary ualification ualification standards for their respectie positions' •
•
•
•
•
•
•
*espondent *osario Cerillo as issued a one%year temporary appointment "from 1 (anuary 1990 to )1 2ecember 1990# to the position of Board Secretary .. of P!-C! "no PSC!#' !ccordin to a letter 1 from the CSC, dated 05 +arch 1990, >temporary appointments ere o ood and reneable only up to 1990' On 0D +arch 1990, Cerillo as relieed of her position by reason of loss of confidence' Cerillo as later desinated as >Coordinator for E/tension Serices' o On ) (une 1990, *! <:5 as enacted to la and it conerted P!-C! into a state collee to be 8non as Philippine State Collee of !eronautics "PSC!#' The Board, still the oernin body, retained its poer to ma8e appointments' o Petitioner Col' (ulian 3olen, (r' remained O.C by irtue of his desination to the same o position made by then 2ECS Sec' Cario on ; (une 1990' .t as only on 2ecember 1990 that Col' 3olen informed *amos, et al' that they shall be deemed separated from the serice upon the e/piration of their temporary appointments' *amos, et al' obected and pointed out that under *esolution 91%:0<, the Board declared o that >all facultyAadministratie employees of the collee, hile reuired to acuire ciil serice eliibilities under pertinent ciil serice la, rules and reulations, must e/ert effort to acuire ciil serice eliibilities ithin a period of three years from their temporary appointments' *amos, et al' belieed this to mean that should they acuire ciil serice eliibilities ithin the three%year period, they could not be terminated from the serice' On 05 (une 199), barely fie months after the lapse of their temporary appointments, *amos, et al' filed a >Petition for Mandamus and *einstatement, ith Bac8 Faes and 2amaes before *TC Pasay City, presided oer by *espondent (ude Salador de 4uman' *amos, et al' prayed that then 2ECS Sec' -abella complete the fillin%up of positions in o the Board and order the latter to reinstate *amos, et al' to their respectie positions' Petitioners Sec' 4loria "then 2ECS Sec'#, Col' 3olen, (r', and the Board filed an !nser opposin the Petition' Mandamus ill not lie to compel reinstatement because the reappointment prayed for is o discretionary on the part of the appointin poer' +oreoer, mandamus ill not lie due to *amos, et al'7s failure to e/haust administratie o remedies' (ude de 4uman ruled that Cerillo should be reinstated to the position of >Coordinator for E/tension Serices' Thus, Petitioners Sec' 4loria, et al' filed the instant Petition for Certiorari before the SC' o
•
•
•
ISSUE 1: Fhether or not the reinstatement of Cerillo to the position of Coordinator for E/tension Serices is proper (NO RATIO 1: The SC held that (ude de 4uman7s decision orderin reinstatement of Cerillo to the position of Coordinator for E/tension Serices >finds no support as to facts and the la' !lthouh Cerillo as e/tended a temporary appointment as Board Secretary .., she as already dismissed due to loss of confidence' Cerillo neither contested nor appealed the dismissal' o Thus, her dismissal as Board Secretary .. cannot be the subect of the Petition for Mandamus and *einstatement' +oreoer, Cerillo7s assinment as Coordinator for E/tension Serices as a mere desination' >Got bein a permanent appointment, the desination to the position cannot be the o subect of a case for reinstatement' 4rantin arguendo that Cerillo could be alidly reinstated to the position of Coordinator for E/tension Serices, >her reinstatement thereto ould not be possible because the position is not 1 >//////
///Please note that temporary appointments last only for a ma/imum of one "1# year and all personnel appointed in a temporary capacity can be replaced any time by a ciil serice eliible' Since you hae ust been recently coered by the Ciil Serice 3a and rules, this -ield Office approed all your temporary appointments subect to yearly reneal up to 1990 only' Subseuent appointments should strictly conform ith ciil serice policies' Hou may, therefore, adise all your temporary personnel to ta8e ciil serice e/aminations in order to be eliible for appointment'
proided for in the PSC! plantilla I PSC! cannot ma8e any alid appointment to this ine/istent position' o This is probably the reason that she as merely desinated to such position' >!s a mere desinee, she could not hae acuired any riht to the position een if the position e/isted' Sevilla v. CAJ A !"#" $"%&')*&o $o"% o* +of"# -o *" $"%&'"" %"+#&*/ of *"#" & *" -o%&*&o o# off&+" 0&+ " o++-&"% & ) )+*&' +)-)+&*/ o/ ' ISSUE 2: Fhether or not Cerillo can be reinstated to the position of Board Secretary .. (NO RATIO 2: The SC held that Cerillo could no loner be reinstated to the position of Board Secretary ..' Cerillo had already been dismissed from said position due to loss of confidence' Cerillo did not contest this dismissal >possible because the position of Board Secretary .. o is primarily confidential and the Board of Trustees, hen findin her, the incumbent to the position, to be antin in faithfulness and interity dismissed her for that reason alone' Een if Cerillo passed the reuisite Ciil Serice E/amination after the termination of her temporary appointment, such fact cannot compel the Board to reappoint her' A+3&%&*&o of +&4& %"#4&+" "&'&5&&*/ &% o* *" %o" f)+*o# fo# #")--o&*!"* ' o Other factors to be consideredJ >performance, deree of education, or8 e/perience, trainin, seniority, and, more importantly, as in this case, 0"*"# o# o* *" )--&+)* "6o/% *" +of&$"+" )$ *#%* of *" )--o&*&' -o0"# ' The position of Board Secretary .. is primarily confidential, reuirin as it does >not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy hich ensures freedom from misiins of betrayals of personal trust or confidential matters of state' " Delos Santos v. Mallari # Avila v. CSC J T" +o&+" of ) )--o&*"" f#o! )!o' *o%" 0o -o%%"%%"$ *" #"3&#"$ 3)&f&+)*&o% &% ) -o&*&+) )$ )$!&&%*#)*&4" $"+&%&o +)&' fo# +o%&$"#)*&o% of 0&%$o!, +o4"&"+", *&&*/ )$ *" &*"#"%*% of *" %"#4&+" 0&+ +) 5" 5"%* !)$" 5/ *" H")$ of *" off&+" +o+"#"$ ' PSC! Board *esolution 91%:0< must yield to the CSC policies on the issuance of temporary appointments' Fhen CSC directed that the temporary appointments ere to be effectie only until 1990, o it did so in pursuance of the eneral purpose of the ciil serice la under Sec' 0 of *! 00<:0' Thus CSC is ested ith the function, amon others, to promulate policies, standards and uidelines for the ciil serice and adopt plans and prorams to promote economical, efficient and effectie personnel administration in the oernment') The SC held that reappointment to the position of Board Secretary .. is an act hich is discretionary on the part of the appointin poer$ thus, mandamus ill not lie' Apurillo v. CSC J >R"&%*)*"!"* &% *"+&+)/ &%%)+" of ) "0 )--o&*!"* 0&+ o &% "%%"*&)/ $&%+#"*&o)#/, *o 5" -"#fo#!"$ 5/ *" off&+"# & 0&+ &* &% 4"%*"$ )++o#$&' *o &% 5"%* &'*%, *" o/ +o$&*&o 5"&' *)* *" )--o&*"" %o$ -o%%"%% *" 3)&f&+)*&o% #"3&#"$ 5/ )0 ' Alim v. CSC J >S+ "7"#+&%" of *" $&%+#"*&o)#/ -o0"# of )--o&*!"* +)o* 5" +o*#o"$, o* "4" 5/ *" Co#* )% o' )% &* &% "7"#+&%"$ -#o-"#/ 5/ *" )--o&*&' )*o#&*/' Thus, (ude de 4uman7s decision amounts to an undue interference by the Court in the e/ercise of the discretionary poer of appointment ested in the Board' The SC obsered that (ude de 4uman stated thatJ >The appointment of the petitioners o to their former positions is not a matter of riht$ rather, it is a matter of discretion on the part of the respondents' +andamus cannot be aailed of to compel anyone to e/ercise his discretion absent any shoin of rae abuse of discretion' • •
•
•
•
•
2 >?T@o ensure and promote the constitutional mandate reardin appointments only accordin to merit and fitness and to proide ithin the public serice a proressie system of personal administration to ensure the maintenance of an honest andefficient proressie and courteous ciil serice in the Philippines'
3 Sec' 10")#, Chapter )%!, Boo8 K of the *!C'
ISSUE 8: Fhether or not *amos, et al'7s serices ere terminated (NO RATIO 8: The SC areed ith (ude de 4uman7s ie that there as no termination ordered' Either the employees7 contracts lapsed or their temporary appointments ere abroated o by CSC circulars, hich as a necessary conseuence of the transition from the P!-C! to the PSC!' !s held by (ude de 4umanJ >To the uestion as the termination of the serices of the petitioners leal or notL ? sic @ , the only anser is there as not termination to spea8 of' Termination presupposes an oert act committed by a superior officer' There as none hatsoeer in the case at bar' !t most, Col' (ulian "3olen# ae notice to the petitioners of the e/piration of their respectie contracts' Petitioners ? sic @ appointment or employment simply e/pired either by its ery on terms, or because it may not e/ceed one year, but most importantly because the P!-C! as dissoled and replaced by the PSC!' The notice ien by Col' 3olen to the petitioners seem to hae been misunderstood by them as an act of dismissal hich as they correctly state, belons to the Board of Trustees alone' •
•
ISSUE 9: Fhether or not Cerillo is entitled to attorney7s fees and costs (NO RATIO 9: This issue has become moot and academic' !t any rate, the SC said aard could not hae been imposed in the first place Een if it as directly ordered in the dispositie portion, it as neither discussed nor o ustified in the body of the decision' Policarpio v. CA J The reason for the aard of attorneyMs fees must be stated in the te/t of the decision, otherise, if it is stated only in the dispositie portion of the decision, the same shall be disalloed' • •
•
DISPOSITIVE: Petition ranted$ *TC decision set aside'
