G.R. No. 144153 - Dimayuga vs. Benedicto II

MA. CHONA M. DIMAYUGA, PETITIONER received a permanent appointment dated October 26, 1992 from then Secretary of Public Works and Highways Jose P. de Jesus as Executive Director II of the TOLL REGULATORY BOARD.
As Executive Director II, petitioner exercised control and supervision over the Board's three divisions and oversaw Board *build-operate-and-transfer* projects including the Metro Manila Skyway Project and the Manila-Cavite Tollway Project, and participated in negotiations for the Manila-Subic Expressway and South Luzon Tollway Extension Projects.
The position of Executive Director II was not part of the Career Executive Service (CES) at the time of petitioner's 1992 appointment; the position was included in the CES on June 4, 1993.
On May 31, 1994 the Civil Service Commission issued Memorandum Circular No. 21, whose Section 4 provided that incumbents of positions declared CES positions for the first time who hold permanent appointments shall remain under permanent status but shall be temporary upon promotion or transfer to other CES positions until they qualify.

Petitioner became the subject of several administrative and criminal complaints.
Respondent GREGORIO R. VIGILAR issued a first ninety-day suspension order dated November 28, 1997.
A second ninety-day suspension order dated March 26, 1998 was issued by then Executive Secretary Alexander Aguirre; petitioner contested the second suspension before the Office of the President.
Petitioner re-assumed duties on June 25, 1998; on June 26, 1998 respondent VIGILAR issued Department Order No. 85, s. 1998 temporarily detailing petitioner to the Office of the Secretary and directed her by a June 26, 1998 memorandum to report to the Department Legal Service to assist in certain legal matters.
Petitioner filed a leave of absence until September 30, 1998 in protest rather than assume the detailed assignment.

Petitioner requested clarification of her status by letter dated December 1, 1998; the Career Executive Service Board (CESB) replied December 15, 1998 stating its stand to honor permanent appointment status of incumbents appointed to positions later included in the CES.
While on leave, petitioner received a September 22, 1998 letter (received September 28, 1998) from respondent VIGILAR informing her that President Joseph E. Estrada appointed MARIANO E. BENEDICTO II in her stead as Executive Director II.
The September 22, 1998 letter cited an Executive Secretary memorandum dated June 30, 1998 from RONALDO B. ZAMORA instructing that non-career...(Subscriber-Only)

Whether Petitioner acquired a vested right to hold the position of Executive Director II despite lacking CES eligibility.

Whether petitioner's 1992 permanent appointment conferred security of tenure once the position was later included in the CES.

Whether petitioner's refusal to vacate the position conflicted with the President's power of appointment and removal.

Whether petitioner could assert proprietary rights in the office that would impede the appointing authority.

Whether petitioner is entitled to the constitutional guarantee of security of tenure and protection against removal except for cause provided by law.

Whether security of tenure in the CES attaches to position or to rank/eligibility.

Ruling:

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Ratio:

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Doctrine:

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