G.R. No. 76565 - Bulletin Publishing Corp. vs. Noel

Dr. Hernani Esteban, with 25 years in government service, held a permanent position at the Philippine College of Commerce until May 20, 1973.
Upon a reorganization at the Philippine College of Commerce, his former position was abolished, and he opted to continue teaching until he was invited by Dr. Consuelo Blanco, President of Pamantasan ng Lungsod ng Maynila, to join the university.

Dr. Esteban was given an ad interim temporary appointment as Vice-President for Administration effective May 21, 1973 through a "Notification of Confirmation of Temporary Appointment" issued on June 28, 1973, valid until June 30, 1974, unless sooner terminated.

July 5, 1974 – A "Notification of Renewal of Temporary Appointment" was sent, extending his term effective July 1, 1974 until August 31, 1974.
August 30, 1974 – Another renewal notified him that the Board of Regents, on the university president’s recommendation, had approved renewal effective September 1, 1974 until June 30, 1975 with a salary increase.
October 15, 1974 – He received a notice reflecting a further salary increase (P17,600 per annum) and renewal effective September 1, 1974 until June 30, 1975.
June 26, 1975 – A subsequent notification confirmed another temporary appointment as Vice-President for Administration effective July 1, 1975 until June 30, 1976 with an increased salary of P21,276 per annum.

On July 26, 1975, Dr. Esteban, upon discovering that he was not included in the list for permanent appointments, requested a conversion of his temporary appointment into a permanent one.
President Consuelo Blanco responded on the same day, providing reasons why his request was denied.

On August 1, 1975, Dr. Esteban received a notification of an ad interim appointment as Professor III with a corresponding salary and was also designated as Director of the Institute of Continuing Education and Community Service with an honorarium.
On August 7, 1975, a memorandum circular issued by President Blanco terminated his appointment as Vice-President for Administration effective July 31, 1975, thereby preempting any confirmation of his appointment by the Pamantasan Board of Regents.
Dr. Esteban appealed to the Civil Service Commission (CSC) on August 7, 1975 seeking protection of his tenure.

October 9, 1975 – The CSC ruled that Dr. Esteban’s appointment as Vice-President for Administration was clearly temporary and subject to termination at any time with or without cause; his request for permanent conversion remained within the sound discretion of the appointing official.
January 14, 1976 – Following a motion for reconsideration, the CSC ruled in favor of Dr. Esteban by certifying him for appointment in the position under permanent status, declaring that he had already acquired a vested right and security of tenure.
Subsequent Actions

The Pamantasan sought reconsideration of the CSC ruling, which led to an undated Resolution (No. 75, Series of 1976) clarifying that the certification was not intended to compel reinstatement.
Dr. Esteban made further requests for payment of withheld salaries and review of his termination, which were met with additional CSC resolutions and modifications.

The Pamantasan submitted various notifications and documents but initially failed to produce the pivotal Pamantasan Board of Regents’ Resolution No. 485 (dated June 20, 1973) confirming the ad interim appointments.
Later, after pressure from the CSC, the Pamantasan acknowledged the absence of any document evidencing his permanent appointment, while the CSC, in its Resolution No. 81-279 (March 5, 1981), concluded that the evidence supported Dr. Esteban’s claim of permanency.

On January 8, 1982, the trial court reversed the CSC’s ruling by deeming his appointment invalid based on its temporary nature, though recognizing him de facto until October 9, 1975.
On September 26, 1983, the Intermediate Appellate Court reversed the trial court decision, affirming the permanent status of Dr. Esteban’s appointment based on resolution evidence and ordering his reinstatement with back salaries, subject to his retirement age.
The Pamantasan then filed a petition for certiorari, which initiated the present Supreme Court review.

Whether Dr. Hernani Esteban’s appointment as Vice-President for Administration at Pamantasan ng Lungsod ng Maynila, initially made on an ad interim basis, was in fact a permanent appointment with the attendant security of tenure.
Whether the series of notifications indicating a temporary, fixed-term appointment altered the permanent character imbued by the pivotal Pamantasan Board of Regents’ Resolution No. 485.
Whether the termination of Dr. Esteban's appointment, presumed temporary by the Pamantasan, violated his constitutional and statutory security of tenure as a permanent civil service employee.