Title
De Leon vs. Court of Appeals
Case
G.R. No. 127182
Decision Date
Jan 22, 2001
Atty. Montesa, lacking CES eligibility, was temporarily appointed as Department Legal Counsel. His reassignment to Region XI was upheld as valid, and his removal for neglect of duty was justified, denying him backwages.
reassignment
government position
temporary appointment

Case Summary (G.R. No. 127182)

Factual Background

On August 28, 1986, private respondent Jacob F. Montesa was appointed Ministry Legal Counsel - CESO IV in the Ministry of Local Government, an appointment that the Civil Service Commission approved as permanent. After organizational changes under Executive Order No. 262, Montesa was directed on April 8, 1988 to perform special assignments in the office of the Secretary, which prompted Montesa to file a quo warranto petition that resulted in his reinstatement to his former position by this Court on September 26, 1990.

Reclassification of the Position

Pursuant to Republic Act No. 6758 and implementing National Compensation Circular No. 58, the position of Department Legal Counsel was reclassified and ranked under the generic title Director III, so that upon execution of the 1990 decision Montesa was reinstated as Department Legal Counsel and/or Director III.

Reassignment by the Department and Noncompliance

On July 26, 1994, Secretary Rafael M. Alunan III issued Department Order No. 94-370 relieving Montesa of his duties as Department Legal Counsel/Director III and reassigning him as Director III (Assistant Regional Director), Region XI. Montesa did not report to Region XI, filed a ninety-day sick leave, and thereafter sought to resume his former duties. Acting Secretary Alexander P. Aguirre reiterated the reassignment and directed Montesa to report, but Montesa instead sought reconsideration and administrative relief.

Civil Service Commission Rulings

Montesa appealed to the Civil Service Commission and the Commission issued Resolution No. 95-3268 dated May 23, 1995 sustaining his reassignment on the grounds that the reassignment did not violate due process or security of tenure, did not reduce rank or status, and that the rule against unconsented transfer applies only to officers appointed to a particular station. The Commission denied Montesa's motion for reconsideration in Resolution No. 955201 dated August 22, 1995.

Administrative Order Dropping from Rolls and Court of Appeals Petition

After persistent noncompliance and warnings of AWOL, the Department recommended and then President Fidel V. Ramos issued Administrative Order No. 235 on December 13, 1995 dropping Montesa from the roster of public servants for serious neglect of duty and absences without leave. On October 23, 1995 Montesa had filed a Petition for Review with the Court of Appeals seeking injunctive relief against the reassignment, and the Court of Appeals rendered judgment in his favor on April 25, 1996.

Court of Appeals Disposition and Modification

The Court of Appeals on April 25, 1996 declared Department Order No. 94-370 null and void insofar as it affected Montesa and ordered his retention as Chief, Legal Service or Department Legal Counsel without loss of rank or benefits, and required release of certain withheld salaries. On November 20, 1996 the Court of Appeals modified its decision to declare null and void both Department Order No. 94-370 and Administrative Order No. 235, and awarded Montesa backwages, including RATA and other benefits from July 15, 1995 up to actual reinstatement.

Relief Sought in the Supreme Court and Assignments of Error

Petitioners filed a Petition for Review on Certiorari in this Court raising four principal contentions: that the Court of Appeals erred in finding Montesa’s reassignment to be an unconsented transfer; that the Court of Appeals erred in ruling the transfer converted Montesa’s appointment from permanent to temporary and violated his constitutional security of tenure; that the Court of Appeals abused its discretion in ordering reinstatement despite Administrative Order No. 235; and that the Court of Appeals erred in awarding backwages, including RATA, for the period from July 15, 1995 until reinstatement.

Parties’ Arguments Before the Supreme Court

Petitioners argued that Montesa’s reassignment was lawful and not an unconsented transfer; that Montesa’s security of tenure was not threatened by the reassignment; that Administrative Order No. 235 remained presumptively valid until set aside and thus Montesa should have complied with it; and that Montesa was not entitled to the full backwages and benefits awarded by the Court of Appeals. Montesa contended that his appointment was permanent, that the reassignment violated his rights, and that he was entitled to reinstatement with backwages and benefits, including RATA.

Core Legal Question: Nature of Appointment and CES Eligibility

The Court identified the pivotal question as whether Montesa’s appointment to a position embraced in the Career Executive Service was permanent despite his admitted lack of CES eligibility, and whether his reassignment therefore violated the constitutional guarantee of security of tenure.

Governing Law on Career Executive Service Eligibility and Appointment

The Court examined the Integrated Reorganization Plan provisions on appointment to the Career Executive Service, which provide that appointment to CES ranks shall be made by the President from a list of CES eligibles and that the President may, in exceptional cases, appoint a non-eligible subject to later qualification and with limitations on promotion. The CES Handbook provisions on conferment of CES eligibility were also considered. The Court applied the 1987 Constitution in resolving the matter.

Precedent Applied: Achacoso v. Macaraig

Relying on Achacoso v. Macaraig, 195 SCRA 235, the Court reiterated the settled rule that a permanent appointment can be validly issued only to a person who meets all requirements for the position, including the appropriate eligibility, and that a person lacking requisite eligibility may at best hold the position temporarily and therefore may be reassigned or removed at will without violating security of tenure.

Court’s Reasoning and Application to the Present Case

The Court found that Montesa, who admitted he was not a CESO and had not secured CES eligibility, did not posses

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