G.R. No. 126481 February 18, 2000
DR. EMILY M. MAROHOMBSAR, in her Official Capacity as President of the Mindanao State University, petitioner, vs. COURT OF APPEALS and BILLANTE G. MARUHOM, respondents.

FACTS

Billante G. Maruhom was appointed Technical Assistant at Mindanao State University (MSU) in 1988, with her appointment confirmed by the Board of Regents (BOR). Her position was later reclassified to Executive Assistant II under the Salary Standardization Law. Initially given a temporary appointment due to lack of civil service eligibility, she received a permanent appointment from then MSU President Ahmad Alonto, Jr. on May 3, 1991, after passing the required examinations. On February 15, 1993, the new MSU President, Dr. Emily Marohombsar, terminated Maruhom’s services effective February 28, 1993, citing the “urgent need to establish a new order and maintain the trust and confidence reposed upon the Office of the President.”
Maruhom filed a complaint for illegal termination with the Civil Service Commission (CSC). The CSC Regional Director ruled in her favor, ordering her reinstatement with back salaries. Petitioner Marohombsar refused to comply, arguing that Maruhom’s appointment was invalid for lack of BOR confirmation and that the position was confidential and co-terminous with the appointing authority, President Alonto. The CSC, in its Resolution, rejected these contentions and affirmed the order for reinstatement. The Court of Appeals upheld the CSC’s decision.

ISSUE

Whether or not respondent Maruhom was illegally dismissed from her position as Executive Assistant II at MSU.

RULING

The Supreme Court denied the petition and affirmed the Court of Appeals decision, with modification on the computation of back salaries. The Court held that Maruhom was illegally dismissed. Her appointment to the permanent position of Executive Assistant II was valid. The claim of lack of BOR confirmation was unsubstantiated, as the record showed her original 1988 appointment was confirmed, and the subsequent permanent appointment in 1991 was an extension of that original appointment following her attainment of eligibility.
Crucially, the position was not primarily confidential. Petitioner failed to prove that the duties of an Executive Assistant II in a university setting were highly confidential such that the holder served at the pleasure of the appointing authority. The Court emphasized that for a position to be considered primarily confidential, it must be declared as such by the CSC pursuant to the Administrative Code. No such declaration existed for this position. Therefore, as a permanent appointee in the career service, Maruhom enjoyed security of tenure and could only be removed for cause and after due process. Her summary termination for the stated ground was illegal. She is entitled to reinstatement and back salaries, but following jurisprudence, back salaries are limited to a maximum period of five years.