G.R. No. 179255 , April 2, 2009
NATIONAL TRANSMISSION CORPORATION, Petitioner, vs. VENUSTO D. HAMOY, JR., Respondent.

FACTS

The National Transmission Corporation (TransCo), through its Board Resolution, appointed Venusto D. Hamoy, Jr. as Vice President for VisMin Operations & Maintenance with permanent status. He assumed his duties on March 1, 2003. On January 19, 2004, TransCo’s President detailed Hamoy to the Office of the President and CEO to handle Special Projects. This detail was later amended to include supervision over the sale of sub-transmission assets. On February 15, 2005, Hamoy was designated as Officer-In-Charge (OIC) of the Power Systems Reliability Group (PSRG), concurrent with his duties as Vice President for Special Projects. Hamoy objected, requesting to be returned to his original assignment, arguing that his detail had exceeded one year and his designation as OIC was without his consent. On April 27, 2005, TransCo’s Board issued a resolution approving his reassignment to PSRG and announcing the opening for his former position. Hamoy appealed to the Civil Service Commission (CSC), which denied his appeal, ruling his reassignment was valid as his position was third-level and not station-specific. The Court of Appeals reversed the CSC, holding that Hamoy occupied a second-level, station-specific position and his reassignment violated the one-year rule and his security of tenure. TransCo elevated the case to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in: (1) classifying Hamoy’s position as second-level and not third-level; (2) declaring that presidential appointment is required for a third-level position; (3) holding that Hamoy was appointed to a station-specific position; (4) classifying his initial movement as a reassignment and not a detail; and (5) declaring that his reassignment violated civil service laws.

RULING

The Supreme Court denied TransCo’s petition and affirmed the Court of Appeals. The Court held:
1. Hamoy’s position is second-level, not third-level. Third-level positions belong exclusively to the Career Executive Service (CES), which comprises presidential appointees only. Since Hamoy was appointed by TransCo’s President and not the President of the Philippines, he does not belong to the CES.
2. A presidential appointment is required for a position to be classified under the third-level CES. The Administrative Code specifies that third-level positions are those in the CES, and the CES covers presidential appointees only.
3. Hamoy was appointed to a station-specific position. Although his appointment form (CSC Form No. 33) did not state a place of assignment, it specifically referred to the Board Resolution appointing him as Vice President under “Item No. 700010-VisMin Operations & Maintenance,” which inherently indicated a geographical location (Visayas and Mindanao).
4. The initial movement of Hamoy from VisMin Operations to the Office of the President was a reassignment, not a mere detail. A reassignment involves movement from one organizational unit to another, which occurred here. This reassignment, and the subsequent designation as OIC of PSRG, effectively lasted beyond the one-year period allowed for reassignment of second-level, station-specific employees without their consent, violating CSC rules.
5. The reassignments violated civil service laws and Hamoy’s security of tenure. The movements were not merely details but reassignments that exceeded the permissible one-year period for station-specific positions. While his rank and salary remained unchanged, the prolonged reassignment constituted a constructive removal from his station-specific appointment. The Court found no compelling reason to justify the extended reassignment, and Hamoy’s right to security of tenure was infringed. The Court ordered his immediate reinstatement to his original position as Vice President for VisMin Operations & Maintenance.