G.R. No. 143366 & 143524. January 29, 2001. LUIS MARIO M. GENERAL, petitioner, vs. RAMON S. ROCO, respondent. THE EXECUTIVE SECRETARY, et al., petitioners, vs. RAMON S. ROCO, respondent.
FACTS

Respondent Ramon S. Roco was appointed as Regional Director of the Land Transportation Office (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. He acquired CES eligibility on August 13, 1999. On September 7, 1999, petitioner Luis Mario M. General, also a non-CES eligible, was appointed by the President to the same position. The Department of Transportation and Communications (DOTC) directed General to assume office, which he did. Roco filed a petition for quo warranto before the Court of Appeals, which ruled in his favor, declaring his appointment valid, nullifying General’s appointment, and ordering General to vacate the post.

ISSUE

Whether or not Ramon S. Roco, having acquired CES eligibility but not having been appointed to a specific CES rank, enjoys security of tenure in his position as LTO Regional Director.

RULING

No. The Supreme Court granted the petitions and set aside the decision of the Court of Appeals. The legal logic is anchored on the distinct requirements for membership in the Career Executive Service. Merely obtaining CES eligibility does not automatically confer security of tenure. Under the governing laws, particularly the Civil Service Law (Executive Order No. 292) and the rules of the Career Executive Service Board (CESB), a two-step process is required for acquisition of security of tenure in the CES. First, one must obtain CES eligibility. Second, the President must appoint the eligible to a specific CES rank (e.g., CESO I to VI) upon recommendation of the CESB. This appointment to a rank completes membership in the CES and confers security of tenure.
Roco, though a CES eligible, was never appointed by the President to any CES rank. Therefore, he did not attain permanent status in the CES. His previous appointments to the position were merely temporary, as he lacked the required eligibility at the time. Consequently, he could be replaced even by another non-eligible, such as General, as the position had not been permanently filled. The President retains the authority to make temporary appointments to CES positions pending the recommendation and appointment of a qualified eligible to the appropriate rank. Since Roco had no vested permanent right to the office, his petition for quo warranto was properly dismissed.