Case Digest (G.R. No. 116183)
Facts:
This case involves Sec. Ricardo T. Gloria, in his capacity as Secretary of Education, Culture and Sports (DECS) and Chairman of the Board of Trustees of the Philippine State College of Aeronautics (PSCA), along with Col. Julian J. Loleng, Jr., Officer-in-Charge of PSCA, and the Board of Trustees of PSCA as petitioners. They filed a Petition for Certiorari under Rule 65, seeking to nullify the Decision and Order of Judge Salvador P. de Guzman, Jr., presiding Judge of Branch 113, Regional Trial Court (RTC) of Pasay City, dated January 31 and June 29, 1994 respectively. The petition arose from the RTC’s judgment ordering the reinstatement of Rosario V. Cerillo—a private respondent—to the position of “Coordinator for Extension Services” in PSCA, as well as the payment of back wages and attorney’s fees.
The controversy traces back to when private respondents including Cerillo were appointed with temporary appointments in the Philippine Air Force College of Aeronautics (PAFCA), regul
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Case Digest (G.R. No. 116183)
Facts:
- Parties Involved
- Petitioners: Sec. Ricardo T. Gloria (Secretary of Education, Culture, and Sports and Chairman of the Board of Trustees of the Philippine State College of Aeronautics - PSCA), Col. Julian J. Loleng, Jr. (Officer-in-Charge of PSCA), and the Board of Trustees of PSCA.
- Respondent: Hon. Salvador P. de Guzman, Jr. (Presiding Judge, Branch 113, Regional Trial Court of Pasay), and private respondents including Rosario V. Cerillo and others (former employees of PSCA).
- Background and Employment Status
- Private respondents were employees of the Philippine Air Force College of Aeronautics (PAFCA), created by Presidential Decree No. 1078 (January 26, 1977). The PAFCA Board of Trustees held authority to appoint college officials and employees, except Board members and the President.
- In April 1, 1991, the Board issued Resolution No. 91-026 requiring all faculty/administrative employees to secure civil service eligibilities. Due to lack of such eligibilities, the private respondents were issued temporary appointments lasting one year.
- Specifically, Rosario V. Cerillo received a temporary one-year appointment as Board Secretary II of PAFCA, effective January 1, 1992 to December 31, 1992.
- On March 24, 1992, Cerillo was relieved as Board Secretary II due to loss of confidence, pursuant to Board Resolution No. 92-017. Subsequently, she was designated as “Coordinator for Extension Services.” The designation was not a permanent appointment.
- On June 3, 1992, Republic Act No. 7605 converted PAFCA into the Philippine State College of Aeronautics (PSCA). The Board of Trustees remained the appointing authority, and Col. Loleng was designated Officer-in-Charge by DECS Secretary Isidro Carino (June 8, 1992).
- On December 7, 1992, Col. Loleng informed private respondents of their separation effective upon expiration of their temporary appointments on December 31, 1992.
- On March 25, 1992, the Civil Service Commission (CSC) issued a letter mandating that temporary appointments be renewed only up to 1992, to enforce civil service eligibility rules.
- On June 25, 1993, private respondents filed a “Petition for Mandamus and Reinstatement, with Back Wages and Damages” before the Regional Trial Court (RTC) of Pasay. They prayed for reinstatement to their former positions, asserting their entitlement based on acquiring civil service eligibility within a supposed three-year period as provided under Board Resolution No. 91-026.
- The RTC, presided by Judge Salvador P. de Guzman, Jr., issued a decision ordering the reinstatement of respondent Rosario V. Cerillo as Coordinator for Extension Services, with corresponding back wages and attorney’s fees.
- Controversy and Legal Action
- The petitioners filed a Petition for Certiorari before the Supreme Court challenging the RTC's reinstatement order.
- The issues raised involved the legality of termination and whether Cerillo was entitled to reinstatement and other reliefs.
- The petitioners argue that the temporary appointments expired by their own terms, and reinstatement is a discretionary act by the appointing authority, not subject to mandamus.
- The controversy centers on whether the CSC’s policy and Board Resolutions justified termination; whether designation as Coordinator conferred security of tenure; and whether the court erred in awarding reinstatement and payments.
Issues:
- Whether private respondent Rosario V. Cerillo is entitled to reinstatement as Coordinator for Extension Services or Board Secretary II.
- Whether the termination of private respondents’ temporary appointments was legal and proper.
- Whether a writ of mandamus lies to compel reinstatement or reappointment when such appointment is discretionary with the appointing authority.
- Whether the RTC erred in awarding back wages and attorney’s fees to Cerillo.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)