Case Digest (G.R. No. 94878-94881)
Facts:
Norberto A. Romualdez III v. Civil Service Commission and The Philippine Coconut Authority, G.R. Nos. 94878-81, May 15, 1991, the Supreme Court En Banc, Gancayco, J., writing for the Court.Petitioner Norberto A. Romualdez III had served as a Commercial Attache of the Department of Trade from September 1975 to August 30, 1987; his civil service eligibilities included Patrolman of the City of Manila (1963) and Commercial Attache (1973). On September 1, 1987, he was transferred to respondent Philippine Coconut Authority (PCA) and was given an appointment as Deputy Administrator for Industrial Research and Market Development. That appointment was characterized as a "reinstatement" and expressly made temporary from September 1, 1987 to August 30, 1988; it was renewed for six months from September 1, 1988 to February 28, 1989 subject to conditions accepted by petitioner.
When the appointment expired on February 28, 1989, the PCA Governing Board did not renew it and petitioner was informed of non‑renewal by Acting Chairman Apolonio V. Bautista. Petitioner sought relief under Civil Service Commission (CSC) Memorandum Circular No. 29, S. 1989 (dated July 19, 1989) and appealed to respondent Civil Service Commission (CSC) on February 6, 1990 requesting reinstatement and extension to a permanent appointment.
By Resolution No. 90-407 dated May 2, 1990, the CSC denied his request, holding the Memorandum Circular inapplicable retroactively and that reappointment was discretionary with the appointing authority. On May 11, 1990, PCA filled the post with Roman Santos. Petitioner moved for reconsideration; the CSC denied it in Resolution No. 90-693 dated July 31, 1990. Thereafter petitioner filed this petition for certiorari, prohibition and mandamus with the Supreme Court (seeking a preliminary injunction/TRO), alleging among others that the CSC and PCA committ...(Subscriber-Only)
Issues:
- Did the Civil Service Commission commit grave abuse of discretion in issuing Resolutions Nos. 90-407 and 90-693 denying petitioner reinstatement?
- Is CSC Memorandum Circular No. 29, S. 1989 applicable to petitioner so as to compel PCA to convert or extend his appointment to a permanent status?
- Is an appointing authority obliged to convert or extend a temporary appointment into a permanent appointment for a person possessing the appropriate civil service eligibility?
- Did PCA unlawfully fail to comply with P.D. 807 §25(a) and did the CSC therefore have the duty to enforce such compliance and pro...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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