G.R. No. L-30057 - Aparri vs. Court of Appeals

On January 15, 1960, the Board of Directors of the National Resettlement and Rehabilitation Administration (NARRA), created under Republic Act No. 1160, passed Resolution No. 13, appointing Bruno O. Aparri as General Manager of NARRA effective January 16, 1960.
The resolution stipulated that the President of the Philippines be informed of said appointment.
On January 22, 1960, Remedios O. Fortich, as Chairman of the NARRA Board, formally appointed Aparri by letter, indicating a compensation of P12,000 per annum.
Section 8, paragraph 2 of RA 1160 vested the Board with the power to appoint and fix the term of the General Manager, subject to recommendation from the Office of Economic Coordination and approval of the President of the Philippines. The Board could also suspend or remove the General Manager with cause and similar approvals.

On March 15, 1962, the NARRA Board passed Resolution No. 24 fixing Aparri’s term of office as General Manager to expire on March 31, 1962, following a submission from the President’s Office indicating this desire.
Aparri filed a petition for mandamus with preliminary injunction on March 29, 1962, seeking:

Annulment of the Board’s March 15 resolution;
An order compelling the Board to allow him to continue as General Manager until he legally vacated office; and
Actual damages of P95,000 plus costs, jointly and severally from respondents.

While the case was pending, Republic Act No. 3844 (Agricultural Land Reform Code) took effect on August 8, 1963, abolishing NARRA (per Section 73) and transferring its powers and functions to the Land Authority.

On October 21, 1963, the Court of First Instance dismissed the petition as academic due to NARRA’s abolition under RA 3844.
On appeal, the Court of Appeals affirmed the dismissal, holding:

Aparri’s initial appointment was essentially terminable at the pleasure of the Board;
The Board legally fixed the term of Aparri’s office to end March 31, 1962, which constituted a natural expiration of his term, not removal;
No vested right or indefeasible tenure existed in the office since the term was not fixed by law but by the Board.

Aparri filed a petition for certiorari to review the Court of Appeals decision, initially denied for lack of merit but later given due course on reconsideration.
The sole legal issue was whether Resolution No. 24 was a removal or dismissal without cause, or merely the lawful expiration of tenure.

Whether Board Resolution No. 24 (Series of 1962), fixing the term of Aparri’s office as General Manager of NARRA to March 31, 1962, constituted a lawful expiration of term or an unlawful removal/dismissal without cause.