G.R. No. 194994 - De Castro vs. Carlos

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G.R. No. 194994: De Castro vs. Carlos

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Title Supreme Court: De Castro vs. Carlos

Case: G.R. No. 194994

Decision Date: Apr 16, 2013

Petitioner, a non-CESO, was temporarily appointed as MMDA AGMO. His tenure ended with the change in administration, and his replacement, a CESO, was validly appointed. The Supreme Court dismissed his quo warranto petition for bypassing lower courts and lacking cause of action.

coterminous position

demotion in rank

A

Case Digest (G.R. No. 194994)
Standard Advanced

Facts:

Appointment and Initial Tenure

On 29 July 2009, President Gloria Macapagal Arroyo appointed Emmanuel A. de Castro as Assistant General Manager for Operations (AGMO) of the MMDA; appointment concurred by Metro Manila Council (MMDA Resolution No. 09-10, Series of 2009).
Petitioner took his oath on 17 August 2009 before Chairperson Bayani F. Fernando.

Issuance of OP Memorandum Circular No. 2 and Reassignment

On 29 July 2010, Executive Secretary Paquito Ochoa issued OP Memorandum Circular No. 2, Series of 2010, extending non-CESO officials in CES positions until 31 October 2010 or until replaced.
On 30 July 2010, MMDA Chairperson Atty. Francis N. Tolentino issued Office Order No. 106, designating Corazon B. Cruz as OIC of AGMO’s office, reassigning petitioner to another office, and withdrawing his vehicle and workspace.

Designation of Respondent and Payroll Removal

On 2 November 2010, Chairperson Tolentino designated Emerson S. Carlos as OIC-AGMO via Memorandum Order No. 24, citing OP Memorandum Circular No. 2; petitioner’s name was stricken from the payroll starting November 2010.
Petitioner’s requests for reinstatement and salary remained unacted upon.

Petitioner’s Inquiries and Offers

Petitioner sought clarification from the Career Executive Service Board (CESB); Executive Director Allones replied that the AGMO position was not yet classified as CES and that petitioner did not hold a coterminous appointment.
MMDA offered petitioner the positions of Director IV for Public Health and Safety Services or consultant, which he declined as a demotion; he formally demanded reinstatement via letters (5 and 17 December 2010).

Appointment of Respondent by President Aquino and Pleadings

On 4 January 2011, President Benigno S. Aquino III appointed Emerson S. Carlos as AGMO; respondent took his oath on 10 January 2011.
The Office of the Solicitor General filed a Comment on behalf of respondent (disqualified later), replaced by private counsel; petitioner filed his Reply on 17 November 2011.

Issues:

Whether respondent Emerson S. Carlos was validly appointed by President Aquino as AGMO of the MMDA.
Whether petitioner Emmanuel A. de Castro is entitled to reinstatement as AGMO.
Whether respondent should pay petitioner the salaries and benefits for the period of alleged illegal tenure.

Ruling:

(Subscriber-Only)

Ratio:

(Subscriber-Only)

Doctrine:

(Subscriber-Only)

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END