G.R. No. L-6898 - Manalang vs. Quitoriano

Petitioner Luis Manalang filed quo warranto proceedings to contest the title of the incumbent Commissioner of the National Employment Service (NES).
Respondents were Aurelio Quitoriano (original respondent, Acting Commissioner since July 1, 1953), later joined by Emiliano Morabe (designated Acting Commissioner on September 11, 1953), Zosimo G. Linato (the Collecting, Disbursing and Property Officer, to restrain salary payments), and Mohamad de Venancio (designated Acting Commissioner from January 11, 1954).

Luis Manalang was Director of the Placement Bureau, created by Executive Order No. 392 (December 31, 1950), pursuant to powers granted by Republic Act No. 422.
Republic Act No. 761, approved on June 20, 1952, established the National Employment Service as a national system of free public employment offices under the Department of Labor, headed by a President-appointed Commissioner with Commission on Appointments’ consent.
RA 761 explicitly abolished the Placement Bureau and the Employment Office in the Commission of Social Welfare upon organization of the National Employment Service, transferring personnel and resources from these bodies to NES.

On June 1, 1953, Secretary of Labor Jose Figueras recommended Manalang’s appointment as Commissioner of NES.
On June 29, 1953, Acting Secretary of Labor Aurelio Quitoriano also recommended Manalang for the post, assuring him of probable appointment.
Despite the recommendations, on July 1, 1953, Quitoriano himself was designated and sworn in as Acting Commissioner. Subsequent designations included Morabe and De Venancio as Acting Commissioners.

Manalang claimed illegal removal from office and asserted his automatic right to the Commissioner post by virtue of RA 761’s provisions and his incumbency as Director of Placement Bureau.
The State contended that Manalang was never Commissioner of the NES and the office he held was abolished by RA 761. Thus, there was no removal—only abolition of his former post.
The transfer of personnel and functions from the abolished Placement Bureau to NES was conditional upon NES’s organization, which had not occurred as petitioner was not appointed Commissioner.

Petitioner admitted needing a new appointment as Commissioner of NES and no automatic conversion of his title occurred.
Petitioner’s long government service and qualifications were acknowledged, but the Court emphasized the exclusive presidential appointing power for the Commissioner of NES.

The Court dismissed petitioner’s claim, ruling that abolition of the Placement Bureau extinguished his office and rights thereto.
No illegal removal occurred since Manalang never occupied the NES Commissioner post.
The Court declined to confer upon Manalang the title of Deputy Commissioner, as that issue was beyond the case’s scope.

Whether petitioner Luis Manalang was illegally removed from the office of Commissioner of the National Employment Service.
Whether petitioner automatically became the Commissioner of the National Employment Service by operation of Republic Act No. 761 due to his incumbency as Director of the Placement Bureau.
Whether the abolition of the Placement Bureau by law deprived petitioner of his office and rights thereto.
The nature and effect of the transfer of personnel and functions from the abolished Placement Bureau to the National Employment Service.