Pamantasan ng Lungsod ng Maynila vs IAC

Facts:

Dr. Hernani Esteban was extended an ad interim temporary appointment as Vice-President of Administration at the Pamantasan ng Lungsod ng Maynila on May 20, 1973. His appointment was effective from May 21, 1973 to June 30, 1974 unless sooner terminated. He continued receiving reappointments in the years thereafter. Esteban discovered on July 26, 1975 that he was not included in the list of employees recommended for permanent appointments. He wrote to Dr. Consuelo Blanco requesting conversion of his temporary appointment to a permanent one, considering his 2 years of service. His request was denied for reasons not stated in the case. On Aug. 7, 1975, Dr. Blanco issued a memorandum circular terminating Estebans appointment as Vice-President effective July 31, 1975. His appointment dated June 26, 1975 until June 30, 1976 was withdrawn before it could be confirmed by the Pamantasan Board of Regents. Esteban appealed to the Civil Service Commission, but the CSC initially denied it on the grounds that Estebans appointment was merely temporary and could have been terminated at any time with or without request that it be converted into a permanent appointment, and such an appointment is left to the discretion of the appointing official. However, Esteban filed a motion of reconsideration of the ruling, upon which the CSC ruled favourably, deeming Esteban certified for permanent appointment in light of his qualifications. The Pamantasan then appealed the ruling. The CSC then said that its certification of Esteban should not be interpreted as directing his reinstatement. On July 6, 1977, the CSC modified its earlier ruling, stating that Dr. Blanco had no authority to extend Dr. Esteban an ad interim appointment as Vice President for Administration; only the Board of Regents was empowered to do that under Art. 55 of the Pamantasan University Charter. However, as a de facto officer, Esteban was entitled to be paid the salary of the position. PD 1409 was issued on June 6, 1978, creating a Merits System Board in the CSC to hear and decide cases brought before it on appeal by officers and employees who feel aggrieved by the determination of officials on personnel matters. The Board instructed the Pamantasan to submit its complete records on Estebans appointments. The Pamantasans record officer did not submit a copy of the Board of Regents 1973 resolution confirming Estebans ad interim appointment, among others. The Board directed the Pamantasan to submit any document actually showing that Esteban was appointed in a permanent capacity, but the Pamantasan responded that they could not find any such document, despite the existence of the Boards 1973 resolution. In view of this failure to produce this resolution, the Merits System Board concluded that there was truth to Estebans claims that he was appointed in a permanent capacity. It also presumed that the Pamantasan was withholding the evidence for some sinister motive. The CSC ruled that Estebans appointment was permanent, and the temporary appointments did not alter this status as it was a vested right. It ultimately held that his termination was illegal. The Pamantasan filed a motion for reconsideration of that ruling, but was denied. They then filed a petition for certiorari with the CFI of Manila. The trial court reversed the CSCs decision and adopted the earlier decision stating that Estebans appointment was invalid as Dr. Blanco did not have the authority, but he was still entitled to payment of his salary. Esteban appealed to the IAC, and it reversed the trial courts decision, declaring Estebans appointment as permanent.

Issue:

WON Estebans appointment was really of a permanent nature

Held:

Estebans appointment is permanent. In the context of Philippine law, the term ad interim does not mean the appointment is temporary; rather, it means that the appointment is made by an official not usually tasked to make appointments. In this case, Estebans appointment was made by the Pamantasans President while its Board of Regents, the body with the authority to make appointments, is unable to act (i.e. while it is not in session). The insistence of the Pamantasan that all the other reappointments made Estebans term temporary in nature and easily terminable ignores the original resolution of the Board of Regents, which made his appointment permanent when they confirmed his ad interim appointment. And since Estebans appointment was permanent, he had acquired the right to security of tenure. He is entitled to full pay, allowances, and other benefits acquired during the period he was working.