Case Summary (G.R. No. L-11578)
Relevant Facts
On September 8, 1998, SeAeres took his oath of office as NCC Director General and subsequently formalized a "Secondment Agreement" with the Department of Foreign Affairs (DFA). The agreement allowed him to serve at NCC while being on leave without pay from his position at the DFA. During his tenure at NCC, he earned Career Executive Service (CES) eligibility but had not completed the requirements for a CES rank before his removal on May 15, 2001, when respondent Sabido was appointed as his successor.
Legal Framework
The petition relied on the provisions of the 1987 Philippine Constitution which delineates the security of tenure for civil servants, affirming that no civil service officer may be removed except for cause as provided by law. This is further substantiated by the Administrative Code of 1987 which classifies positions within the Career Executive Service (CES) and outlines the requisites for acquiring security of tenure.
Position and Qualifications
The Director General position at NCC required a CESO Rank I qualification, which SeAeres did not possess at the time of his removal, as he was only CES eligible. His appointment and subsequent service were thereby construed as temporary under law, giving the appointing authority the discretion to remove him without cause.
Court of Appeals Findings
The Court of Appeals dismissed SeAeres’ petition for injunction and damages, affirming that his position could be filled at will due to the temporary nature of his appointment. The appellate court concluded that Security of tenure in the CES pertains only to rank and not to specific positions held or the appointments given prior to securing that rank. The court ruled that the secondment agreement he signed explicitly acknowledged his temporary status.
Issues on Appeal
The primary issues presented included the legality of his removal without cause, misinterpretation of distinctions between Career Service Eligibility (CSE) holders and CES eligible personnel, and the validity of the Secondment Agreement. SeAeres asserted that he was wrongfully denied his right to security of tenure as a CSE eligible and that the court misapplied existing jurisprudence in its decision.
Conclusion
Ultimately, the Court ruled against SeAeres, stating his appointment was temporary due to his lack of CES rank. The court
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Case Background
- Petitioner Ramon Ike V. Seaeres filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court challenging (a) the Court of Appeals' Decision dated February 21, 2002, which dismissed his suit for "Injunction and Damages with Prayer for Temporary Restraining Order and/or Preliminary Injunction" against the public respondents, and (b) the Resolution dated May 31, 2006, denying his Motion for Reconsideration.
- The public respondents included Delfin Jay M. Sabido IX, Victoria P. Garchitorena, Waldo Q. Flores, and Estrella F. Alabastro in their former official capacities.
Appointment and Secondment Agreement
- Petitioner was appointed by former President Joseph Ejercito Estrada as Executive Director/Director General of the National Computer Center (NCC) on August 28, 1998.
- He took his oath of office on September 8, 1998, and assumed duties on September 10, 1998.
- A Secondment Agreement was executed between the Department of Foreign Affairs (DFA) and NCC which stipulated:
- Duration of secondment from September 10, 1998, to June 30, 2001.
- Petitioner was on leave without pay from the DFA during this period.
- His salary and benefits were to be provided by NCC.
Qualifications and Security of Tenure
- The position of NCC Director General was classified as a Career Executive Service (CES) position requiring Career Executive Service Officer (CESO) Rank I.
- At the time of his appointment, petitioner only possessed Career Service Professional (CSP) an