Pamantasan ng Lungsod ng Maynila v. Intermediate Appellate Court
REITERATIONFacts
The Antecedents: Respondent Hernani Esteban, a government employee with 25 years of service, was invited to join Pamantasan ng Lungsod ng Maynila (PLM) as Vice-President for Administration. He initially received an ad interim temporary appointment, later renewed multiple times with fixed termination dates. Esteban, who had been a permanent employee elsewhere, requested conversion of his appointment to permanent status after over two years of service. Procedural History: PLM issued a memorandum terminating Esteban's appointment as Vice-President for Administration. Esteban appealed to the Civil Service Commission (CSC), which initially ruled his appointment was temporary and terminable at will. Upon reconsideration, the CSC certified him for permanent appointment, citing his qualifications and lack of justifiable reason for remaining temporary. PLM sought reconsideration, and the CSC issued a resolution that caused further confusion regarding reinstatement. The CSC later ruled that Dr. Blanco had no authority to issue the ad interim appointment, but as a de facto officer, Esteban was entitled to salary. The CSC, after the creation of the Merits System Board, eventually ruled that Esteban's appointment was permanent, citing the suppression of evidence by PLM (specifically Board Resolution No. 485 confirming his ad interim appointment) and applying the principle that withholding best evidence creates a presumption against the withholding party. The CSC ordered his reinstatement and back salaries. PLM filed a petition for certiorari with the Court of First Instance (CFI), which reversed the CSC, considering Esteban a de facto officer only until the CSC's initial ruling of temporary status. Esteban appealed to the Intermediate Appellate Court (IAC), which reversed the CFI, affirming the CSC's resolutions declaring his appointment permanent and ordering reinstatement with back salaries. The Petition: PLM filed the present petition for review on certiorari with the Supreme Court, challenging the IAC's decision.
Issue(s)
Whether respondent Hernani Esteban's appointment as Vice-President for Administration of Pamantasan ng Lungsod ng Maynila was permanent or temporary. Whether the notifications of temporary appointment issued by the University Secretary prevail over the Board of Regents' Resolution confirming an ad interim appointment. Whether the suppression of Board Resolution No. 485 by the Pamantasan ng Lungsod ng Maynila warrants a presumption against its claim. Whether respondent Hernani Esteban is entitled to reinstatement and back salaries.
Ruling
The petition for review on certiorari is dismissed for lack of merit. The decision of the Intermediate Appellate Court is affirmed, subject to the modification in the payment of back salaries, awarding five (5) years backpay, assuming respondent has not reached the age of compulsory retirement.
Ratio Decidendi
On the nature of the appointment: The Court clarified that the term "ad interim" in the context of Philippine law, particularly when issued by the President during the Board of Regents' recess and subsequently confirmed by the Board, signifies a permanent appointment, not a temporary one. This is distinct from an "acting" appointment, which is merely temporary. The confirmation by the Board of Regents, as evidenced by Resolution No. 485, converted the ad interim appointment into a regular and permanent one, vesting Dr. Esteban with security of tenure. On the conflict between notifications and Board Resolution: The Court held that in case of conflict between a notification issued by the University Secretary and a Resolution of the Board of Regents, the Board's Resolution is controlling. The University Secretary has no authority to alter or add to what is provided in the Board's Resolution. Therefore, the misleading "notifications" of temporary appointment sent to Dr. Esteban did not alter the permanent nature of his appointment as confirmed by the Board. On the suppression of evidence: The Court applied the principle that when a party has the power to produce the best evidence and withholds it, the fair presumption is that the evidence is withheld for some sinister motive and its production would thwart an evil or fraudulent purpose. The Pamantasan's failure to submit Board Resolution No. 485, which confirmed Dr. Esteban's appointment, led the Civil Service Commission to conclude that his appointment was indeed permanent, citing Government of the Philippine Islands vs. Martinez. On the entitlement to reinstatement and back salaries: With the appointment settled as permanent, the Civil Service law and the Constitution guarantee Dr. Esteban's security of tenure. His termination was illegal as it was based on the ground that his appointment was temporary, which the Court found to be untrue. Consequently, he is entitled to immediate reinstatement and payment of back salaries, allowances, and other benefits. The Court modified the award of back salaries to five (5) years, considering the prolonged period of over ten (10) years that had elapsed since the dispute began and the "studious suppression" of material data by the Pamantasan.
Main Doctrine
An ad interim appointment, when confirmed by the Board of Regents, becomes permanent and grants security of tenure, overriding any subsequent notifications of temporary status issued by a university secretary.