G.R. No. 143366 & 143524. January 29, 2001.
LUIS MARIO M. GENERAL, petitioner, vs. RAMON S. ROCO, respondent. and THE EXECUTIVE SECRETARY, et al., petitioners, vs. RAMON S. ROCO, respondent.
FACTS
Respondent Ramon S. Roco was appointed Regional Director of the LTO in Region V, a Career Executive Service (CES) position, in 1996 and reappointed in 1999, despite not being a CES eligible at those times. During his incumbency, on August 13, 1999, he was conferred CES eligibility by the CES Board. Subsequently, on September 7, 1999, President Estrada appointed petitioner Luis Mario M. General, who was not a CES eligible, to the same position. The DOTC issued a memorandum directing General to assume office, which he did. Roco filed a petition for quo warranto before the Court of Appeals.
The Court of Appeals ruled in favor of Roco, affirming his appointment, nullifying General’s appointment, and ordering General to vacate the post. The appellate court held that Roco’s subsequent acquisition of CES eligibility during his incumbency perfected his title to the office, granting him security of tenure. Petitioners General and the Executive Secretary, et al., filed separate petitions for review before the Supreme Court, which were consolidated.
ISSUE
Whether or not the mere conferment of CES eligibility, without a subsequent appointment to a specific CES rank by the President, confers security of tenure on a CES position holder.
RULING
The Supreme Court granted the petitions and reversed the Court of Appeals. The legal logic is anchored on the distinct requirements for the Career Executive Service under the Integrated Reorganization Plan and the Civil Service Law. Security of tenure in the CES is not acquired by mere eligibility or by occupying a CES position. It is acquired only upon two cumulative conditions: first, conferment of CES eligibility by the CES Board, and second, appointment by the President to a specific CES rank.
Roco, though a CES eligible, was never appointed by the President to the requisite CES Rank Level V corresponding to a Regional Director position. His previous appointments by Presidents Ramos and Estrada were made prior to his eligibility and were, therefore, temporary in nature. His subsequent eligibility did not automatically convert his temporary status into a permanent one absent the presidential appointment to a rank. Consequently, he did not acquire security of tenure and could be replaced. General’s subsequent appointment, while also not held by a CES eligible, was valid as a temporary appointment, given that the position was properly characterized as vacant due to Roco’s lack of a CES rank. The Court emphasized that the CES rank system ensures flexibility in the assignment of senior executives.