Erasmo vs Home Insurance

ERASMO vs HOME INSURANCE & GUARANTY CORP. CORP. G.R. No. 139251; 29 August 2002  Aust!"#$M#!t"%' (ACTS Erly Erly Erasmo Erasmo start started ed workin working g with with Home Home Insura Insurance nce & Guaran Guaranty ty Corpor Corporati ation on (HIGC) in 198 as a consultant on the !ro"ect E#aluation $epartment% and held #arious positions% including anager o' !ro"ect E#aluation $epartment% anager o' ccounts% ssistant ice*!resident o' ccounts anagement% anager II o'  Guaranty and Credit Insurance Insurance $epartment% and +,cer*in*Charge +,cer*in*Charge o' -echnical -echnical .er#ice/Guaranty and Credit Insurance Group (-./GCIG)% until 0nally% she was promo promoted ted to ice* ice*!r !resi esiden dentt o' -./GCI -./GCIG G -he natur nature e o' her appoin appointme tment nt was was 2promotion3 2promotion3 and her employment status was 4temporary%4 since the position is a Career E5ecuti#e .er#ice +,ce (CE.+) and petitioner lacks the re6uired CE. eligi7ility Erasmo was administrati#ely charged charged with (1) neglect o' duty% () incompetence in the per'ormance o' o,cial duties% () conduct pre"udicial to the 7est interest o' the ser#ice% and (:) directly or indirectly ha#ing 0nancial and material interest in any transaction re6uiring the appro#al o' her o,ce Erasmo appealed the status o' her temporary appointment to the Ci#il .er#ice Commissio Commission n (C.C)% (C.C)% which which on arch arch 1% 199% 199% issued issued ;esolutio esolution n
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ISSUE >/< Erasmo is entitled to 7e reinstated to the position o' ice*!resident o' -./GCIG o' HIGC? <+ RATIO Eras Erasmo mo@s @s prom promot otio iona nall appo appoin intm tmen entt as ice*! ice*!rresid esiden entt o' -./G -./GCI CIG G is mer merely ely temporary in nature -his is 7ecause petitioner does not possess a career e5ecuti#e ser#ice eligi7ility which is necessary 'or the position o' ice*!resident o' -./GCIG% it 7eing a career ser#ice e5ecuti#e o,ce Her new appointment% 7eing temporary in character% was termina7le at the pleasure o' the appointing power with or without a cause% and she does not en"oy security o' tenure Citing chacoso # acaraig a permanent appointment can 7e issued only 2to a person person who meets meets all the re6ui re6uire remen ments ts 'or the positi position on to which which he is 7eing 7eing ppointed ppointed%% includin including g the appropri appropriate ate eligi7il eligi7ility ity prescr prescri7ed i7ed3 3 chacos chacoso o did not t 7est% there'ore% his appointment could 7e regarded only as temporary nd 7eing so% it could could 7e withdr withdraw awn n at will will 7y the the appoin appointin ting g author authority ity and 2at a moment moment@s @s notice%3 con'orma7ly to esta7lished "urisprudence A@

Erasmo did not understand the implications o' her promotional% al7eit temporary% appointment In the 0rst place% she was under no o7ligation to accept such promotion% 'or there is no law that compels an employee to accept a promotion% as a promotion is in the nature o' a gi't or reward% which a person has a right to re'use nd although she was 'ormerly holding a permanent appointment% she accepted such temporary appointment Ha#ing done so% she had a7andoned or gi#en up her 'ormer position >hen she accepted the temporary appointment% in eBect% she a7andoned her right to security o' tenure or another% the crucial 'act remains ***  petitioner does not possess the required CES eligibility to qualify her for the position  >hile the law allows in e5ceptional cases the appointment o' a non*CE. eligi7le pro#ided that the appointee su7se6uently passes the CE. E5aminations petitioner is yet to completely pass and attain her CE. eligi7ility Clearly there'ore% the Palmera case is not applica7le% and respondent cannot 7e compelled to reinstate petitioner +n the matter o' whether or not petitioner may 7e re#erted to her position pre#ious to her appointment as ! 'or -./GCIG% again% we must answer in the negati#e .u,ce it to say that the power o' appointment is essentially discretionary and cannot 7e controlled% not e#en 7y the Court% as long as it is e5ercised properly 7y the appointing authority