Engano vs. Court of Appeals

Facts:

Private respondent Arturo W. Alit served as Jail/Chief Superintendent and was designated Officer‑in‑Charge (OIC) of the Bureau of Jail Management and Penology (BJMP) on March 29, 2001 after the BJMP Director resigned. Petitioner Josue G. Engano was a Jail Senior Superintendent in the BJMP during the same period. Pursuant to Presidential Memorandum Circular No. 4, the BJMP submitted a seniority lineal list to the DILG Selection Board for Senior Executive Positions (SB‑SEP); of eleven candidates interviewed, the Board ranked Alit first as he alone met the Civil Service Commission (CSC) Qualification Standards (notably the one‑year experience as Chief Superintendent). DILG Secretary Jose D. Lina, Jr. recommended Alit for appointment but the President appointed Engano on September 6, 2001; Engano took the oath and assumed the post on September 27, 2001.

On September 28, 2001 Alit filed quo warranto proceedings in the Regional Trial Court (RTC), Quezon City, alleging Engano’s appointment was invalid for lack of minimum qualifications. The RTC denied Alit's initial plea for a TRO but later, by Order dated October 8, 2001, restrained both parties from performing the Director’s duties and temporarily designated Secretary Lina to perform the duties of Director for 20 days; the Executive Secretary had earlier advised that Engano’s appointment was held in abeyance (Oct. 2, 2001). On October 29, 2001 the RTC declared Engano’s appointment null and void for lack of qualifications and ruled that Alit’s prior designation as OIC remained in effect.

Engano appealed to the Court of Appeals (CA) as CA‑G.R. SP No. 72590; the CA, in a Decision dated November 22, 2002, affirmed the RTC, and denied Engano’s motion for reconsideration by Resolution dated January 21, 2003. Engano filed a petition for review under Rule 45 of the Rules of Court in the Supreme Court, seeking a TRO and preliminary mandatory injunction. The Court issued a TRO on March 17, 2003 enjoining Secretary Lina from enforcing DILG Department Circular No. 2001‑25 and from performing the duties of concurrent Director of BJMP.

Before final resolution, Engano reached compulsory retirement on May 13, 2003; President Gloria Macapagal‑Arroyo thereafter appointed Alit as BJMP Director, who took his oath and assumed office. Engano raised eight issues in his petition (summarized in his memorandum), including whether the presidential prerogative to appoint can be nullified by the courts, whether a nominee may maintain quo warranto, whether a...(Pro-only)

Issues:

• Has the petition become moot and academic due to petitioner Engano's compulsory retirement and the subsequent appointment and assumption of office by Alit?
• Can the Court declare null and void a presidential appointment of a person of the President's trust and confidence?
• Can a nominee to a presidential appointive position validly maintain an action for quo warranto against the person appointed by the President?
• Can a mere nominee acquire a vested right to an appointment upon a court finding that the person appointed lacks the minimum qualifications?
• Is petitioner Engano entitled to salary differentials, RATA, emoluments, rank and benefits allegedly lost because he was prevented from assuming the contested post?
• Is petitioner Engano entitled to moral, nomi...(Pro-only)

Ruling:

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Ratio:

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Doctrine:

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