GR L 26208; (April, 1968) (Digest)
G.R. No. L-26208; April 3, 1968
RAMON P. FERNANDEZ, petitioner, vs. EDUARDO ROMUALDEZ, as Secretary of Finance; ABELARDO SUBIDO, as Commissioner of Civil Service; JACINTO GAVINO, as Commissioner of Customs; ALFREDO DE LA FUENTE, and JOB P. GUINTO, respondents.
FACTS
On June 5, 1962, Ramon P. Fernandez was appointed “Probationary” Collector of Customs of the Port of Jose Panganiban, Camarines Norte, with the appointment stating it was “good for a period of six months only from assumption to duty.” The Civil Service Commissioner approved it as such. Fernandez assumed duty on June 18, 1962. On December 12, 1962, Fernandez informed the Commissioner of Customs that his six-month probationary period would end on December 18, 1962. On January 10, 1963, the Acting Secretary of Finance extended another appointment to Fernandez for the same position, effective December 19, 1962, which was expressly stated to be “temporary in nature and without prejudice to the final outcome of the administrative case against Mr. Democrito R. Septimo, former incumbent of the position.” Fernandez continued in the position. On April 2, 1966, the Commissioner of Customs informed Fernandez that his appointment was terminated, which was formally confirmed in writing on April 19, 1966. On May 17, 1966, the Commissioner issued an order for Alfredo de la Fuente to assume the post as Acting Collector. De la Fuente reported on May 24, 1966, but Fernandez refused to relinquish the position. On June 6, 1966, Fernandez filed an action for quo warranto and mandamus with preliminary injunction.
ISSUE
Whether Fernandez’s appointment was legally terminated.
RULING
Yes, the petition for quo warranto and mandamus is denied. The Court ruled that Fernandez’s first appointment was probationary and limited to six months, ending on December 18, 1962. The subsequent appointment he received effective December 19, 1962, was expressly temporary. Therefore, at the time he was notified of the termination on April 19, 1966, he was holding merely a temporary appointment, which is terminable at any time.