Title
Amponin vs. Commission on Elections
Case
G.R. No. L-27420
Decision Date
Sep 29, 1967
Amponin, appointed as Election Registrar without a specified station, claimed security of tenure in San Jose, Occidental Mindoro. The Supreme Court ruled his assignment did not confer tenure, upheld COMELEC's discretion in appointing Cacanindin, and dismissed Amponin's petition.
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Case Digest (G.R. No. 176951)

Facts:

  1. Appointment and Assignment:

    • Renato L. Amponin was appointed by the Commission on Elections (COMELEC) on February 1, 1964, as an "Election Registrar" without specifying the place of duty.
    • He was later assigned to San Jose, Occidental Mindoro, via a memorandum-directive.
  2. Petitioner's Claim:

    • Amponin argued that his appointment and subsequent assignment to San Jose, Occidental Mindoro, gave him a vested right to the position and security of tenure.
    • He claimed a preferential right to remain in the position based on COMELEC's "guidelines" for assignment.
  3. Respondent's Appointment:

    • Romeo Cacanindin was appointed as the permanent election registrar of San Jose, Occidental Mindoro, after the position was declared vacant.
    • Amponin sought to enjoin COMELEC from implementing Cacanindin's appointment and reassigning him to another municipality.
  4. Legal Basis of the Petition:

    • Amponin filed for certiorari, prohibition, and mandamus, seeking to prevent his removal and to compel COMELEC to issue him a reappointment as permanent election registrar.

Issue:

  1. Whether Amponin acquired a vested right and security of tenure in the position of election registrar of San Jose, Occidental Mindoro, based on his appointment and subsequent assignment.
  2. Whether the COMELEC's "guidelines" for assignment conferred a preferential right to Amponin to remain in the position.
  3. Whether the COMELEC abused its discretion in appointing Cacanindin and reassigning Amponin.

Ruling:

The Supreme Court dismissed the petition and dissolved the preliminary injunction.

  1. Security of Tenure:

    • The Court held that Amponin's appointment did not specify a particular station, and his assignment to San Jose, Occidental Mindoro, did not confer security of tenure in that location.
    • Security of tenure is determined by the terms of the appointment, not the subsequent assignment.
  2. Preferential Right Under Guidelines:

    • The Court ruled that the COMELEC's "Guidelines In The Assignment Of Election Registrars" were not intended to control the appointment of permanent election registrars but only to guide assignments without new appointments.
  3. Discretion of COMELEC:

    • The Court emphasized that the power to appoint is discretionary, and there was no evidence of abuse of discretion by COMELEC in appointing Cacanindin and reassigning Amponin.

Ratio:

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