G.R. No. 77373; August 22, 1991
EDMUNDO C. JOCOM, petitioner, vs. THE HON. ANDRES C. REGALADO, Presiding Judge of the Regional Trial Court, 5th Judicial Region, Branch XXV, Naga City and JESSIE M. ROBREDO, respondents.

FACTS

The Bicol River Basin Development Program (BRBDP) is headed by a Program/Project Director. On March 25, 1986, Vice-President Salvador Laurel, as Chairman of the National Council on Integrated Area Development (NACIAD), appointed private respondent Jessie Robredo as Program Director. Later, on January 27, 1987, Vice-President Laurel appointed petitioner Edmundo Jocom to the same position, simultaneously terminating Robredo without stating any cause. Jocom attempted to assume office but was barred by Robredo, who had barricaded the BRBDP building.
Robredo filed a petition for injunction with the Regional Trial Court (RTC) of Naga City to prevent Jocom from assuming office. The RTC issued a temporary restraining order and subsequently denied Jocom’s motions for raffle and dismissal. Jocom then filed the present petition for certiorari, prohibition, and mandamus, seeking to annul the RTC orders, enjoin the judge from proceeding, and compel Robredo to vacate the office in his favor.

ISSUE

Whether the RTC committed grave abuse of discretion in issuing the temporary restraining order and in denying Jocom’s motions, considering the validity of Robredo’s removal and Jocom’s appointment.

RULING

The Supreme Court dismissed the petition, upholding the RTC’s actions. The legal logic centers on the nature of the position and the validity of the appointments. The position of Program/Project Director of the BRBDP is a non-career position, its tenure coterminous with the project’s duration. However, the appointee is still entitled to security of tenure and cannot be removed without just cause and due process. Robredo’s termination failed to state any ground, rendering his removal invalid for lack of just cause.
Crucially, Jocom’s appointment was itself invalid. At the time of his appointment on January 27, 1987, Vice-President Laurel no longer possessed the authority to appoint the BRBDP Project Director. Executive Order No. 374, dated November 27, 1986, had already abolished the NACIAD and transferred its functions to the National Economic and Development Authority (NEDA). Consequently, Laurel’s appointing power had ceased. Since Jocom’s appointment was not made pursuant to a valid reorganization, the prohibition under Executive Order No. 17 against injunctions in government reorganizations did not apply. The RTC, therefore, did not commit grave abuse of discretion in issuing the restraining order to preserve the status quo and prevent the enforcement of a potentially invalid appointment.