Facts:

The case of Miguel P. Arrieta vs. Honorio Bellos and Serafin L. Teves revolves around Arrieta's appointment and subsequent separation from his position as Deputy Governor of Negros Oriental. In April 1952, Arrieta was appointed by Governor Pedro A. Bandoquillo to the role he held until January 3, 1956. On that date, he obtained a leave of absence of 103 days from the newly elected Governor Teves, who granted him permission to transfer to another branch within the provincial government. Shortly thereafter, on January 1, 1956, Governor Teves appointed Honorio Bellos as the new Deputy Governor, succeeding Arrieta. Though Arrieta's leave was formally approved on January 11, 1956, it came with a significant condition: upon the leave's expiration, his services would be deemed terminated unless a suitable position was found for him.

After seeking clarity through various channels—including inquiries to the Commissioner of Civil Service and the then President Magsaysay—Arrie

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Facts:

Appointment and Service

• In April 1952, Miguel P. Arrieta was appointed by then-Governor Pedro A. Bandoquillo as Deputy Governor of Negros Oriental.
• Arrieta served in that capacity until January 3, 1956, when he applied for a 103-day leave and simultaneously requested a transfer to another branch of the provincial government service.

Change in Office and Leave Application

• On January 1, 1956, Governor Serafin L. Teves, newly elected, appointed Honorio Bellos as Deputy Governor in place of Arrieta.
• On January 11, 1956, merely eight days after his leave application, Governor Teves informed Arrieta in writing that his leave was approved conditionally—stating that upon the expiration of the leave, Arrieta’s services would be considered terminated unless a further position was found for him.

Administrative Proceedings and Communications

• In response to the uncertainty regarding his employment status:
• On February 8, 1956, Arrieta sought the opinion of the Commissioner of Civil Service regarding the conditional nature of his approved leave.
• On March 14, 1956, he brought the matter to the attention of then-President Magsaysay.
• On March 26, 1956, he submitted his case to the Secretary of Finance, who referred the issue to the Executive Secretary on April 23, 1956.
• On May 28, 1956, the Executive Secretary transmitted the opinion of the Civil Service Commissioner—which opined that the position of Deputy Governor was not inherently a primarily confidential one—to Governor Teves.

Shifts in Classification and Further Developments

• On July 2, 1956, the Civil Service Commissioner opined that the deputy governor’s position was not intrinsically primarily confidential.
• Nevertheless, on July 12, 1956, the Negros Oriental Provincial Board passed Resolution No. 2214, designating both the positions of deputy governor and special agent as primarily confidential, pending the President’s approval.
• Concurrently, on July 14, 1956, Arrieta requested that Governor Teves reinstate him immediately.
• On July 16, 1956, Governor Teves transmitted a wire to the President requesting reconsideration of the prior indorsement that called for Arrieta’s reinstatement.
• On July 18, 1956, Teves advised Arrieta to consider himself still out of office pending the appeal before the President.
• Ultimately, on August 27, 1956, the Executive Secretary—acting under the President’s authority and pursuant to Section 671(1) of the Revised Administrative Code—officially declared the position of Deputy Governor of Negros Oriental as primarily confidential, following the recommendation of the Civil Service Commissioner.

Filing of the Quo Warranto Action

• Despite the administrative actions and the official declaration about the nature of the position, Arrieta initiated a quo warranto petition in the Court of First Instance of Negros Oriental seeking reinstatement.
• After trial, his action was dismissed; the Court of Appeals later affirmed the dismissal with costs.
• Arrieta contended on appeal that:
• The Court of Appeals was incorrect in holding that the deputy governor’s position was primarily confidential.
• He had, by his actions, virtually acquiesced to his separation from office.
• His cause of action accrued on January 11, 1956, which rendered the filing of the petition on January 13, 1957, time-barred.

Issue:

Nature of the Position

• Whether the position of Deputy Governor of Negros Oriental was inherently a primarily confidential position.
• Whether the duties assigned to the Deputy Governor, being delegated by the Provincial Governor, necessitated a trust relationship that goes beyond ordinary administrative confidence.

Petitioner's Conduct and Acquiescence

• Whether Miguel P. Arrieta’s actions—such as applying for leave with a request for transfer—amounted to an implied or tacit acceptance of his separation from office.
• Whether his subsequent requests and legal challenges could effectively contest the administrative decision taken regarding his position.

Timeliness of the Action

• Whether the cause of action had indeed accrued on January 11, 1956, thus rendering the filing of the quo warranto petition on January 13, 1957, untimely.
• Whether any potential claim would be limited to the recovery of salaries rather than reinstatement following the change in the nature of the position.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)