Case Summary (G.R. No. 94878-81)
Appointment History
Romualdez was initially appointed as a Commercial Attache in September 1975 and held this permanent position until August 30, 1987. On September 1, 1987, he accepted a temporary appointment with the PCA as Deputy Administrator, which was set to last until August 30, 1988. The appointment was subsequently renewed for six months, from September 1, 1988 to February 28, 1989. However, his reappointment was not extended upon its expiration, leading to an appeal to the CSC.
Application and Rejection of Petition
On February 6, 1990, Romualdez sought reinstatement through the CSC, referencing CSC Memorandum Circular No. 29 issued on July 19, 1989. The CSC denied his request on May 2, 1990, concluding that the circular was not retroactive to his situation and that re-appointment was at the discretion of the appointing authority, which had opted not to renew his temporary appointment.
Legal Arguments Presented
Romualdez raised multiple issues in his petition, including allegations of grave abuse of discretion by the CSC and the PCA, the applicability of CSC Circular No. 29 to his case, and whether there was a legal obligation for the appointing authority to extend permanent appointments to individuals with civil service eligibility. He contended that the failure to extend his appointment constituted a denial of due process and infracted his rights to tenure under the Civil Service Law.
Court Decision and Reasoning
The Court dismissed the petition, highlighting that Romualdez held a temporary appointment, which inherently offered no job security or entitlement to renewal. The principle that temporary appointments lack definitive tenure was underscored, emphasizing that the authority to convert a temporary appointment into a permanent one rests solely with the discretion of the appointing authority.
Mandamus and Discretionary Duty
The Court noted that a discretionary duty, such as the extension of an appointment, cannot be compelled by mandamus. Since the PCA exercised its discr
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Case Background
- The petition was filed by Norberto A. Romualdez III against the Civil Service Commission (CSC) and the Philippine Coconut Authority (PCA) to compel the PCA to reinstate him as Deputy Administrator for Industrial Research and Market Development.
- Romualdez served as a Commercial Attache for twelve years at the Department of Trade from September 1975 to August 30, 1987, holding civil service eligibilities as Patrolman (1963 CS Exam) and Commercial Attache (1973 CS Exam).
- He was appointed temporarily as Deputy Administrator at PCA starting September 1, 1987, with a temporary status set to expire on August 30, 1988, which was subsequently renewed for another six months until February 28, 1989.
Timeline of Events
- September 1, 1987: Romualdez transferred to PCA and received a temporary appointment.
- February 28, 1989: His appointment expired without renewal, leading to his appeal to the CSC on February 6, 1990.
- May 2, 1990: CSC denied his request for reinstatement citing that CSC Memorandum Circular No. 29 was not applicable since he had already left government service prior to its effect