G.R. No. 191993 - Abad vs. Biason

On June 5, 1962, Ramon P. Fernandez was appointed as Collector of Customs of the Port of Jose Panganiban, Camarines Norte.
The appointment was clearly labeled as "Probationary" and stated to be valid for six months only from the assumption of duty.
The appointment, approved by the Civil Service Commissioner, indicated its temporary and limited duration, expiring on December 18, 1962, given that Fernandez assumed duty on June 18, 1962.

Despite the six-month probationary nature of the original appointment, on January 10, 1963, Acting Secretary of Finance Rodrigo D. Perez, Jr. extended another appointment, effective December 19, 1962.
This subsequent appointment was expressly designated as "temporary in nature" and was made without prejudice to ongoing administrative proceedings against the former incumbent, Mr. Democrito R. Septimo.
Throughout this period, Fernandez continued to perform his functions as Collector of Customs.

On April 2, 1966, during a conference, Commissioner of Customs Jacinto Gavino informed Fernandez of the termination of his appointment.
The termination was subsequently formalized by a written notice on April 19, 1966.
Following the termination, on May 17, 1966, Customs Personnel Order No. 513-66 was issued by Commissioner Gavino, directing Alfredo de la Fuente to assume as Acting Collector of Customs of the Port of Jose Panganiban for a period not exceeding thirty days.
On May 19, 1966, this order was conveyed to Fernandez along with a directive to turn over his money and property accountabilities to De la Fuente.
Despite the order, Fernandez initially refused to relinquish the position. He further instructed his personnel on May 24, 1966, not to recognize De la Fuente as the rightful Collector.
On May 25, 1966, Fernandez sent a telegram to the Commissioner of Customs questioning the validity of De la Fuente’s designated detail.

Dissatisfied with the termination process, Fernandez filed an action on June 6, 1966, for quo warranto and mandamus with a request for a preliminary injunction.
The respondents in the case included high-ranking officials: Eduardo Romualdez (Secretary of Finance), Abelardo Subido (Commissioner of Civil Service), Jacinto Gavino (Commissioner of Customs), Alfredo de la Fuente, and Job P. Guinto.
Notably, respondent Guinto, a deputy collector, was implicated with the allegation that De la Fuente’s appointment was merely a strategy to facilitate Guinto’s eventual takeover of the position.
Respondents filed their answers on July 15, 1966, and the case was eventually submitted for decision on December 8, 1966.

It is significant that Fernandez’s initial appointment was characterized as probationary and temporary, and his subsequent extension maintained this status without conferring permanent tenure.
The background also includes a separate administrative action where former Collector Democrito R. Septimo had been dismissed by the Civil Service Commission on May 29, 1961, with finality on May 16, 1962, a matter which seemingly influenced procedural dispositions and administrative practices regarding subsequent appointments.

Whether Ramon P. Fernandez’s appointment, being inherently temporary and probationary, could be terminated unilaterally by the issuing authorities without constituting an illegal dismissal or breach of due process.

Whether the extension of Fernandez’s appointment, although continuously enabling him to perform the duties of Collector, altered its temporary nature.
Whether the issuance of Customs Personnel Order No. 513-66, which designated Alfredo de la Fuente as Acting Collector for a limited period, legally replaced Fernandez’s authority.
The proper judicial remedy required to address the dispute raised by Fernandez, considering his insistence on his right to continue in office versus the administrative orders effected by the Customs authorities.