G.R. No. L-14907; May 31, 1960
PURA M. DE LA TORRE, petitioner-appellant, vs. VENANCIO TRINIDAD, ET AL., respondents-appellees.

FACTS

The appellant, Pura M. de la Torre, was a substitute teacher since 1952 and was appointed as a temporary teacher-librarian at the Camarines Sur School of Arts and Trades on January 27, 1955. Due to moderately advanced pulmonary tuberculosis, she went on sick leave effective January 5, 1955. On December 15, 1955, the terminal date of her leave, she applied for reinstatement, submitting a medical clearance. The school superintendent, Manuel T. Espinosa, opposed her reinstatement, reporting her alleged inefficiency and negligence causing losses of library properties worth about P1,000, and forwarded her application to the Director of Public Schools. The Acting Second Assistant Director advised that appellant was eligible for reinstatement as of December 15, 1955, but also directed that she be required to explain the losses. The superintendent complied by requiring her explanation but took no action on reinstatement. Appellant denied the allegations. An audit investigation confirmed a shortage of books worth P1,994.36, and the superintendent recommended she pay the losses, be dealt with administratively, and not be reinstated. Appellant pressed for readmission and appealed directly to the Director of Public Schools. Having received no favorable action, she filed a petition for mandamus on June 12, 1956, to compel her reinstatement with back salary and damages. The respondents argued her temporary appointment conferred no security of tenure and justified refusal due to poor health, inefficiency, and negligence. The lower court dismissed the petition, ruling her appointment had expired under the Revised Administrative Code.

ISSUE

Whether mandamus lies to compel the reinstatement of the appellant to her temporary position as teacher-librarian.

RULING

No. The Supreme Court affirmed the dismissal of the petition for mandamus. The Court held that appellant’s appointment was temporary in nature, made under Section 682 of the Revised Administrative Code in the absence of civil service eligibles. A temporary appointee has no fixed tenure and may be terminated at the pleasure of the appointing power (the Director of Public Schools) without need to show cause. Consequently, appellant had no clear and valid claim to the office, especially with an administrative charge pending against her. Mandamus requires a clear legal right to the office sought, which was absent. Furthermore, the Court noted appellant failed to exhaust administrative remedies, as she did not await the final action of the Director of Public Schools or appeal to the Secretary of Education before resorting to court. The decision of the lower court was affirmed, with costs against appellant.