Case Digest (G.R. No. L-26959)
Facts:
Oscar V. Co, then an election registrar-appointee of the Commission on Elections (COMELEC), received a provisional appointment on November 2, 1964 as “Election Registrar of the Commission on Elections” without any specific station. On November 9, 1964, by telegram directive, he was told to assume duty as election registrar for the municipality of Agoo, La Union, and he served there until September 6, 1966, when COMELEC extended him a permanent appointment as “Election Registrar in the Commission on Elections for Sabangan, Mountain Province,” directing him to proceed to the new station. The following day, September 7, 1966, Cecilio O. Estoesta was appointed “Election Registrar in the Commission on Elections for Agoo, La Union,” with certification by the Civil Service Commission, after which Co refused the change and moved for reconsideration before resorting to this petition.Issues:
- Whether the appointment of Oscar V. Co as election registrar for Sabangan, Mountain Province in
Case Digest (G.R. No. L-26959)
Facts:
- Parties and nature of the case
- Oscar V. Co (petitioner) filed a petition for certiorari, prohibition, mandamus and quo warranto, with a prayer for preliminary injunction.
- The respondents were the Commission on Elections (COMELEC), Abelardo Subido, as Commissioner of Civil Service, and Cecilio O. Estoesta, as Election Registrar of the COMELEC.
- The dispute involved the office of municipal election registrar for Agoo, La Union.
- The petitioner claimed entitlement to the Agoo, La Union position and prayed that the respondent be excluded from it.
- Petitioner’s initial appointment and subsequent assignments
- On November 2, 1964, the COMELEC extended to the petitioner a provisional appointment as “Election Registrar of the Commission on Elections,” without statement of any specific official station.
- On November 9, 1964, by telegram-directive, the petitioner was directed to “report and assume duty as election registrar for the municipality of Agoo, province of La Union,” and he did so.
- The petitioner served as election registrar for Agoo, La Union until September 6, 1966.
- Petitioner’s permanent appointment to a different station
- On September 6, 1966, the petitioner was extended a permanent appointment as “Election Registrar in the Commission on Elections for Sabangan, Mountain Province,” and he was directed to immediately proceed to his new station.
- Respondent’s appointment and certification
- On September 7, 1966, the respondent Cecilio O. Estoesta was appointed “Election Registrar in the Commission on Elections for Agoo, La Union.” ...(Subscriber-Only)
Issues:
- Core issue
- Whether, under the circumstances, the appointment of the petitioner as election registrar for Sabangan, Mountain Province trenched upon the petitioner’s right to security of te...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)