Case Digest (G.R. No. 127182)
Facts:
Hon. Alma G. De Leon, Chairman, Hon. Thelma P. Gaminde, Commissioner, and Hon. Ramon P. Ereneta, Jr., Commissioner, Civil Service Commission, and Secretary Rafael M. Alunan, III, Department of Interior and Local Government, Petitioners, vs. Hon. Court of Appeals and Jacob F. Montesa, Respondents, G.R. No. 127182, January 22, 2001, Supreme Court En Banc, Ynares‑Santiago, J., writing for the Court.In August 1986 Jacob F. Montesa was appointed Ministry Legal Counsel — CESO IV in the Ministry of Local Government by Minister Aquilino Pimentel, Jr., and that appointment was approved as permanent by the Civil Service Commission (CSC). After reorganization under Executive Order No. 262 (1987) and administrative changes, Montesa was removed as Chief, Legal Service and reassigned to perform special assignments; he successfully challenged that reassignment in a quo warranto proceeding (G.R. No. 83470), and on September 26, 1990 the Supreme Court ordered his reinstatement.
By operation of Republic Act No. 6758 (Salary Standardization Law, effective July 1, 1989) and implementing circulars, the Department Legal Counsel position was reclassified under the generic title “Director III.” Montesa was reinstated accordingly as Department Legal Counsel/Director III. On July 26, 1994 Secretary Rafael Alunan issued Department Order No. 94‑370, relieving Montesa of his duties and reassigning him as Director III (Assistant Regional Director), Region XI; Montesa did not report and instead took sick leave and then sought to resume his former post.
Montesa’s request was denied and Acting Secretary Aguirre directed him to report to Region XI. Montesa appealed to the CSC, which in Resolution No. 95‑3268 (May 23, 1995) sustained the reassignment and, on motion for reconsideration, denied relief in Resolution No. 955201 (Aug. 22, 1995). The Department warned that continued noncompliance would result in an AWOL status. Montesa filed a petition for review in the Court of Appeals (Oct. 23, 1995) while no TRO issued; meanwhile President Ramos, upon the Department’s recommendation, issued Administrative Order No. 235 (Dec. 13, 1995) dropping Montesa from the roster of public servants for serious neglect of duty and AWOL.
The Court of Appeals (Apr. 25, 1996) granted Montesa’s petition, declared Department Order No. 94‑370 void as to him, ordered him retained as Chief, Legal Service and directed payment of certain withheld salaries. On reconsideration the Court of Appeals modified its decision (Nov. 20, 1996) to also declare Administrative Order No. 235 null and void and to award backwages and benefits (including RATA) from July 15, 1995 to reinstatement. Petitioners sought review in this Cou...(Subscriber-Only)
Issues:
- Did the Court of Appeals gravely err in ruling that Montesa’s reassignment was an unconsented transfer?
- Did the Court of Appeals gravely err in ruling that Montesa’s reassignment changed his appointment from temporary to permanent and violated his constitutional right to security of tenure?
- Did the Court of Appeals commit grave abuse of discretion in ordering reinstatement despite Administrative Order No. 235 dropping Montesa from the roster of public servants?
- Was the Court of Appeals correct in awarding Montesa backwages, including RATA and other bene...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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