G.R. No. 92008 July 30, 1990
RAMON P. BINAMIRA, petitioner, vs. PETER D. GARRUCHO, JR., respondent.

FACTS

Petitioner Ramon P. Binamira was designated as General Manager of the Philippine Tourism Authority (PTA) on April 7, 1986, by then Minister of Tourism Jose Antonio Gonzales. He assumed office immediately. On April 10, 1986, President Corazon Aquino approved the composition of the PTA Board of Directors, which included Binamira as Vice-Chairman by virtue of his position as General Manager. Binamira discharged these duties for several years.
On January 4, 1990, President Aquino issued a memorandum to Secretary of Tourism Peter Garrucho, Jr., stating that Binamira’s designation was invalid because it was made by the Secretary and not by the President as required by law. The President designated Garrucho as concurrent General Manager. Subsequently, while the case was pending, President Aquino appointed Jose Capistrano as the permanent General Manager. Binamira filed this petition for quo warranto, seeking reinstatement and claiming he was removed without cause in violation of his security of tenure.

ISSUE

Whether or not Binamira’s designation by the Minister of Tourism constituted a valid appointment, conferring upon him security of tenure as General Manager of the PTA.

RULING

The Supreme Court DISMISSED the petition. The legal logic centers on the clear statutory requirement and the distinction between appointment and designation. Section 23-A of P.D. No. 564, as amended, explicitly mandates that the PTA General Manager “shall be appointed by the President of the Philippines.” An appointment involves the selection by the proper authority, conferring security of tenure unless the office is held at pleasure. A designation, conversely, is merely the imposition of additional duties or a temporary assignment, which does not confer a permanent title or security of tenure.
Binamira was only designated by the Minister of Tourism, not appointed by the President. The power of appointment, being discretionary, cannot be delegated unless expressly authorized by law. Minister Gonzales could not validly assume this presidential prerogative. Consequently, Binamira never legally acquired the office. His inclusion in the Board as Vice-Chairman, approved by the President, did not constitute a ratification of a presidential appointment; it was merely a consequence of his invalid designation. Since his tenure was merely temporary and based on an invalid act, he could be replaced at will. Therefore, he possessed no security of tenure to be violated, and his removal was lawful. The subsequent appointment of a permanent General Manager by the President further regularized the situation.