G.R. No. L-22823; May 19, 1966
GODOFREDO N. FAVIS, petitioner, vs. NICOMEDES T. RUPISAN, RICARDO AGUILA, PATERNO AQUINO, BENJAMIN MILLERA, JOSE P. SANTOS and CONSTANTINO VERCELES, in their capacity as members of the Board of Directors of the Philippine Virginia Tobacco Administration and CANUTO FARIÑAS, JR., respondents.

FACTS

On June 1, 1962, petitioner Godofredo N. Favis was appointed Assistant General Manager of the Philippine Virginia Tobacco Administration (PVTA) by its Board of Directors. He took his oath and performed the duties of the office. On May 6, 1964, the same Board declared the position vacant, alleging Favis was remiss in his duties and breached the Board’s trust, and appointed respondent Canuto Fariñas, Jr. in his place. Favis filed a petition for quo warranto, claiming his removal violated Section 32 of the Revised Civil Service Law (Republic Act 2260) and that Fariñas’ appointment constituted usurpation. Respondents countered that the position was highly confidential and thus removable at the appointing power’s pleasure, and that even if classified, Favis’ appointment was never approved by the Commissioner of Civil Service, making him at most a de facto officer removable without cause.

ISSUE

Whether petitioner Godofredo N. Favis’ appointment to the position of Assistant General Manager of the PVTA entitled him to the constitutional and statutory right to security of tenure.

RULING

No. The petition is dismissed. The Supreme Court held that for an appointee to a classified (competitive) position to be entitled to security of tenure and protection against unjust removal, the appointment must be approved by the Commissioner of Civil Service. The PVTA is a government-owned corporation whose officers and employees are subject to the Civil Service Law and Rules under Section 12 of its charter (Republic Act 2265), except those positions declared by the President as policy-determining, primarily confidential, or highly technical. The position of Assistant General Manager was never so declared by the President; therefore, it belongs to the classified service. Under the Civil Service Rules, all appointments to classified positions must be submitted to and approved by the Commissioner of Civil Service. It was uncontroverted that Favis’ appointment lacked this approval. Consequently, his appointment was not final or complete. The Court ruled that the tolerance or practice of treating such appointments as effective without Civil Service Commission approval does not bestow legal rights. Favis was, at most, a de facto officer during his occupancy and could be removed even without cause.