Title
Collantes vs. Court of Appeals
Case
G.R. No. 169604
Decision Date
Mar 6, 2007
Nelson Collantes, a CESO, resigned from DILG, was terminated from DND, and sought reinstatement. Courts ruled his resignation voluntary, upholding finality of judgments over conflicting CSC resolutions.
government official
illegal removal
position
A

Case Digest (G.R. No. 78673)

Facts:

  • Background and Career Appointments
    • Nelson P. Collantes was conferred Career Executive Service (CES) Eligibility on February 29, 1996.
    • On February 10, 1997, President Fidel V. Ramos accorded him the rank of Career Executive Service Officer (CESO) II.
    • Collantes was subsequently appointed as Undersecretary for Peace and Order of the Department of the Interior and Local Government (DILG).
    • With a change in administration, he allegedly received instructions from persons close to then-President Ejercito Estrada to relinquish his DILG post, paving the way for the President’s own appointments.
  • Appointment to the Department of National Defense (DND) and Resignation
    • On July 1, 1998, President Estrada appointed Collantes as Undersecretary for Civilian Relations of the Department of National Defense (DND).
    • His tenure at the DND was short-lived.
      • Collantes was reportedly ordered by then-Secretary Orlando Mercado to step aside in favor of another presidential appointee, General Orlando Soriano.
      • In deference to the President’s prerogative, Collantes resigned from his post, expecting to be given a new assignment.
    • On February 8, 1999, President Estrada terminated Collantes’ services by means of a termination letter.
  • Initial Remedial Measures and Litigations
    • On March 24, 1999, Collantes sought the assistance of the Career Executive Service Board (CESB) regarding his termination, invoking his right to security of tenure as a CESO.
    • Despite his termination, he was promoted to CESO Rank I on July 17, 1999; however, he received no new appointment.
    • On January 29, 2001, Collantes filed a Petition for Quo Warranto and Mandamus before the Court of Appeals (CA), asserting that:
      • His resignation was not voluntary but constituted a constructive dismissal.
      • The appointment of Mr. Edgardo Batenga to his former position should be nullified, and he should either be reinstated with full back salaries or transferred to a position commensurate with his CESO Rank I.
  • Conflicting Decisions of Quo Warranto/Mandamus and CSC Proceedings
    • The Civil Service Commission (CSC) acted on Collantes’ grievance:
      • On August 13, 2001, the CSC issued Resolution No. 011364, holding that Collantes’ removal from the DND amounted to illegal dismissal since he was not given another appropriate post.
      • On January 15, 2002, the CSC granted his Motion for Execution, directing the DND to provide a position appropriate to his eligibility and to pay his backwages and benefits.
    • The Court of Appeals rendered its Decision on August 30, 2001 in CA-G.R. SP No. 62874:
      • The CA dismissed Collantes’ Petition for Quo Warranto and Mandamus, holding that by his acts he had effectively resigned from his position as Undersecretary of the DND.
      • The decision became final and executory, particularly after Collantes withdrew his motion for an extension to file a Petition for Review on Certiorari.
  • Subsequent Developments and Further Litigations
    • Following the conflicting outcomes:
      • The CSC, later on November 12, 2002 (Resolution No. 021482), reversed its earlier stance by stating that if it had been aware of the pending petition with the CA, it would have refrained from ruling, thereby reaffirming that Collantes had effectively resigned.
      • A subsequent CSC Resolution (No. 030542 dated May 5, 2003) denied any reconsideration of the earlier ruling.
    • On July 18, 2003, Collantes filed a Petition for Certiorari with the Court of Appeals to reverse the CSC Resolutions.
    • On August 5, 2004, while the litigation was still pending, Collantes was appointed General Manager of the Philippine Retirement Authority, which limited his current prayer to the payment of backwages and other benefits from February 8, 1999, until his new appointment.
    • The Court of Appeals, in its Decision dated March 10, 2005, dismissed the Petition for Certiorari. Later, on August 31, 2005, a Motion for Reconsideration filed by Collantes was denied.
  • Conflict of Final and Executory Decisions and Forum Shopping Issue
    • Two separate final and executory decisions existed:
      • The CSC Resolution (August 13, 2001) declaring that Collantes was illegally removed and yet affirming his right to appropriate assignment, and the motion executed on January 15, 2002.
      • The CA Decision (August 30, 2001) dismissing Collantes’ petition as he had effectively resigned.
    • Collantes raised issues pertaining to:
      • The doctrine of immutability of final judgments.
      • The question of whether his dual proceedings amounted to forum shopping, given that he initiated distinct remedial actions with both the CSC and the CA simultaneously.
    • Collantes argued that:
      • The issues and remedies in his Petition for Quo Warranto and Mandamus and those in the Petition for Certiorari were distinct.
      • There was a clear distinction between resigning from one’s position and resigning from one’s rank as a CESO.

Issues:

  • Whether the Court of Appeals committed grave and reversible error by holding that its decision in CA-G.R. No. 62874 barred the implementation of the final and executory CSC judgment (Resolution dated August 14, 2001).
  • Whether the Court of Appeals erred in not finding that the CSC committed grave abuse of discretion—and acted without or in excess of jurisdiction—by reversing its own final decision in violation of Collantes’ right to due process.
  • Whether the Court of Appeals committed grave and reversible error by upholding the CSC resolution that allowed Collantes’ removal from his position as Undersecretary of the DND without a concomitant transfer to a position equivalent in rank, an act alleged to constitute constructive dismissal in violation of his security of tenure as a Career Executive Service Eligible.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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