G.R. No. 172902 . October 21, 2015.
RAMON IKE V. SENERES, Petitioner, vs. DELFIN JAY M. SABIDO IX, VICTORIA P. GARCHITORENA, WALDO Q. FLORES, and ESTRELLA F. ALABASTRO, Respondents.

FACTS

Petitioner Ramon Ike V. Seneres, a Foreign Service Officer Class III of the Department of Foreign Affairs (DFA), was appointed by President Joseph Estrada on August 28, 1998, as Executive Director/Director General of the National Computer Center (NCC). He assumed the post on September 10, 1998. The DFA and NCC executed a Secondment Agreement, with petitioner’s conformity, stating he was on leave without pay from the DFA, his salary would be paid by the NCC, and the agreement would last until June 30, 2001. The NCC Director General position was a Career Executive Service (CES) position requiring CESO Rank I eligibility. At the time of his appointment, petitioner only had Career Service Executive (CSE) eligibility from the Civil Service Commission (CSC) but had not completed the CES eligibility process. He later passed all CES examinations and the CESB conferred his CES eligibility on July 3, 2000, and recommended his appointment to a CES rank to the President on January 15, 2001. Before any CES rank was conferred, President Estrada was ousted on January 20, 2001. On March 2, 2001, President Gloria Macapagal-Arroyo appointed respondent Delfin Jay M. Sabido IX as NCC Director General, replacing petitioner. Petitioner refused to vacate the post, claiming his summary removal was illegal as he possessed CSE and CES eligibility, granting him security of tenure. The CSC approved the Secondment Agreement but modified its effectivity to October 4, 2000. Petitioner informed the CSC he was no longer interested in the approval of his secondment, arguing it was moot as his oath-taking constituted resignation from the DFA. The DFA Secretary issued an order reassigning petitioner to his former DFA position. Respondent Victoria P. Garchitorena explained petitioner’s appointment could be withdrawn as he lacked a conferred CES rank. Respondent Sabido assumed the NCC post on May 15, 2001. Petitioner filed a Petition for Injunction and Damages before the Court of Appeals, which was dismissed. The Court of Appeals treated the petition as one for quo warranto, ruling petitioner’s appointment was merely acting or temporary due to his lack of the required CESO Rank I, and that security of tenure in the CES pertains to rank, not position.

ISSUE

The main issues are: (1) Whether petitioner could be removed without cause from his position at the NCC; (2) Whether the Court of Appeals failed to appreciate the distinctions between a CSE eligibility holder and a CES eligible; (3) Whether the Court of Appeals erred in applying the rulings in Bacal and Roco; (4) Whether the Court of Appeals erred in holding the Secondment Agreement is fatal to petitioner’s cause; and (5) Whether the Court of Appeals erred in refusing to award damages.

RULING

The Supreme Court denied the petition. It held that petitioner’s appointment as NCC Director General was only temporary or acting in nature because he did not possess the required CESO Rank I eligibility at the time of his appointment. Security of tenure in the Career Executive Service is acquired only upon conferment of a CES rank by the President, and such security attaches to the rank, not to the particular position. The Court cited Secretary of Justice Serafin R. Cuevas v. Bacal and General v. Roco. The Secondment Agreement further indicated petitioner was merely on secondment from the DFA, with a fixed term ending June 30, 2001, and he was considered on leave without pay from the DFA, negating any claim of permanent appointment to the NCC. Petitioner’s CSE eligibility did not grant him security of tenure for the CES position, as CSE eligibility is distinct from CES eligibility and does not automatically qualify one for CES positions. The Court found no malice or bad faith on the part of the respondents, thus petitioner is not entitled to damages.