Title
Caringal vs. Philippine Charity Sweepstakes Office
Case
G.R. No. 161942
Decision Date
Oct 13, 2005
Jose Caringal, lacking CES eligibility, was lawfully terminated from his temporary PCSO position, as affirmed by courts, upholding civil service rules on tenure.
employment termination
permanent appointment
civil service eligible

Case Summary (G.R. No. 161942)

Factual Background

Petitioner received his appointment on December 9, 1998 as Assistant Department Manager II. Shortly thereafter, then PCSO Chairman Justice Cecilia Munoz-Palma ordered petitioner to take on the duties of an Assistant Manager in the Legal Department. When Chairman Ricardo Golpeo replaced Justice Munoz-Palma, petitioner remained in the service until he was reassigned to the Assets and Investment Department by Special Order No. 2000-139 dated May 16, 2000.

On May 18, 2000, petitioner protested the reassignment by memorandum to Chairman Golpeo and Ms. Maripaz Magsalin, Assistant General Manager for Administration. He characterized the reassignment as a constructive dismissal. Around the same time, Director Arnel Del Monte of the CSC wrote PCSO’s Administrative Department manager, Francisco Swin, explaining that petitioner’s appointment reportedly had omitted the required collatilla that the “appointee does not have security of tenure until he obtains a CES eligibility.” The CSC’s director could not rectify the omission because petitioner possessed the original copy of the appointment.

On June 16, 2000, petitioner filed with the CSC an administrative complaint alleging constructive dismissal and culpable violation of the Constitution in connection with the civil service appointments made against Chairman Golpeo and Assistant General Manager Magsalin. On June 22, 2000, the PCSO Board issued Resolution No. 793 ending petitioner’s employment because he did not have Career Executive Service (CES) eligibility. On June 28, 2000, Chairman Golpeo issued a memorandum informing petitioner that his temporary appointment as Assistant Department Manager II in the Legal Department would terminate effective June 30, 2000, invoking Sections 4 and 13 of Rule 5 on appointments under the Omnibus Rules Implementing Book 5 of Executive Order No. 292.

Subsequently, on February 15, 2001, the CSC issued Resolution No. 01-0444, dismissing petitioner’s administrative complaint for lack of merit. The CSC later denied petitioner’s motion for reconsideration on July 16, 2001, according to the chronology stated.

Administrative and Appellate Proceedings

After the CSC dismissed his complaint, petitioner filed a Rule 65 petition for certiorari with the Court of Appeals, docketed as CA-G.R. SP No. 66695. In its January 27, 2004 decision, the Court of Appeals dismissed the petition and affirmed the CSC.

The Court of Appeals recognized that petitioner asserted that his original appointment was permanent and that he could only be replaced for just cause. However, it ruled that security of tenure in the career service presupposes compliance with all requirements of the position, including the appropriate eligibility required for a permanent appointment. It emphasized that the position of Assistant Department Manager II is a third level position and that the required eligibility is Career Executive Service eligibility, conferred after passing the CES examination and followed by appointment processes that complete membership in the CES and confer security of tenure in the CES.

The appellate court also held that petitioner’s lack of the appropriate CES eligibility meant that his appointment could not be considered permanent in the legal sense, even if the appointment was originally characterized as permanent in status. It further rejected petitioner’s arguments that failure to notify him about the temporary nature of the appointment entitled him to reinstatement with back salaries. The Court of Appeals noted that, shortly after termination, Atty. Lauro A. Patiag, a CES eligible, had been appointed to the position. It treated petitioner’s appointment as temporary and therefore replaceable when a qualified eligible became available. It also ruled that the correction to petitioner’s appointment made after an extended period did not bar replacement through laches, and it invoked an Office of the President memorandum directive for hold-over capacity of non-CES officials occupying CES positions pending successors’ qualification.

The Parties’ Contentions

Petitioner’s submissions, as framed in the petition, were threefold. First, he argued that he had been denied his day in court. Second, he contended that the CSC did not follow its own rules. Third, he asserted that the Court of Appeals erred in failing to find that the PCSO discriminated against him.

Respondent PCSO, in turn, maintained that petitioner’s separation was lawful because he lacked the CES eligibility required by law. It stressed that petitioner’s successor, Atty. Lauro Patiag, possessed the required CES eligibility. PCSO further asserted that the CSC complied with its own rules.

Issues

The core issue distilled from the proceedings was whether petitioner’s separation from the service conformed to civil service law and rules, particularly on whether petitioner had security of tenure despite his asserted appointment status, and whether lack of CES eligibility rendered his appointment temporary and terminable at will by the appointing authority.

Legal Basis and Reasoning

The Supreme Court anchored its analysis on Section 27(1), Subtitle A, Title I, Book V of E.O. No. 292 (Administrative Code of 1987), which provides that a permanent appointment shall be issued to a person who meets all requirements for the position, including the appropriate eligibility.

It then addressed the specific structure of the CES. The Court explained that, for the career executive service, the acquisition of security of tenure presupposes a permanent appointment and is governed by CES rules and regulations. It described the CES eligibility process as follows: passing the CES examination entitles the examinee to conferment of a CES eligibility, reflected through inclusion in the roster of CES eligibles; conferment is done by the CES Board through a formal resolution after evaluation in four stages; thereafter, appointment to a CES rank is made by the President upon recommendation of the Board; this process completes official membership in the CES and confers security of tenure in the CES.

Applying these principles to petitioner, the Court held that petitioner did not possess the required CES eligibility. Accordingly, petitioner could not be deemed to have acquired the security of tenure that attaches to a permanent appointment. The Court reasoned that because petitioner’s appointment did not attain permanency in the legal sense, it could be withdrawn anytime without violating the constitutionally guaranteed right to security of tenure.

The Court relied on its earlier ruling in Achacoso v. Macaraig, stating that a permanent appointment can be issued only to one who meets all requirements including the appropriate eligibility, and that absent such eligibility, the appointment at best is temporary. It added that a position’s being part of the career service does not automatically grant security of tenure if the occupant lacks required qualifications, and that such right depends on the nature of the appointment, which depends on the person’s eligibility or lack thereof. A person without the requisite qualifications cannot receive a permanent appointment, and any appointment given as an exception can only be temporary,

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