Marohombsar v. Court of Appeals
REITERATIONFacts
1. The Antecedents: Private respondent Billante G. Maruhom was appointed as Technical Assistant at Mindanao State University (MSU) in 1988, with her appointment confirmed by the Board of Regents. Her position was later converted to Executive Assistant II due to the Salary Standardization Law. Initially holding a temporary appointment due to lack of Civil Service eligibility, she was later extended a permanent appointment after passing the required examinations. She served in this capacity until February 15, 1993, when she received a termination letter from the newly appointed MSU President, Dr. Emily M. Marohombsar, citing an urgent need to establish a new order and maintain trust. 2. Procedural History: Following her termination, private respondent filed a complaint for illegal termination with the Civil Service Commission (CSC) Regional Office. The Regional Director ruled in her favor, ordering reinstatement and payment of back salaries. Despite this, petitioner did not reinstate her, leading to further directives from the CSC. Petitioner requested reconsideration, arguing the appointment lacked Board of Regents confirmation and was confidential. The CSC ultimately directed the MSU President to explain why she should not be charged for non-compliance. The CSC then issued a resolution directing immediate reinstatement and payment of back salaries, which was affirmed by the Court of Appeals. 3. The Petition: Petitioner, Dr. Emily M. Marohombsar, filed a petition for review on certiorari with the Supreme Court, seeking to nullify the Court of Appeals' decision. She argued that the private respondent's termination was legal because her appointment as Executive Assistant II lacked the requisite confirmation from the MSU Board of Regents and that the position was primarily confidential, making it coterminous with the appointing authority's term. The Supreme Court denied the petition, affirming the Court of Appeals' decision but modifying the award of back salaries to a maximum of five years.
Issue(s)
Whether the termination of private respondent Billante G. Maruhom from her position as Executive Assistant II was illegal, and whether her appointment as Executive Assistant II was valid despite lacking explicit confirmation from the Board of Regents prior to its attestation by the Civil Service Commission. Whether the position of Executive Assistant II in the Mindanao State University is a primarily confidential position. What is the extent of back salaries and benefits due to the private respondent.
Ruling
The petition is denied. The decision of the Court of Appeals is affirmed, with a modification regarding the payment of back salaries.
Ratio Decidendi
On the legality of the termination and the validity of the appointment: The Court held that private respondent's termination was illegal. While the appointment was issued by the University President, it was an ad interim appointment. The Court clarified that an ad interim appointment denotes the manner of appointment, not its nature, and is considered permanent until disapproved by the Board of Regents. In this case, the appointment was permanent, attested by the CSC, and private respondent served for almost two years without objection from the BOR, receiving her salary. The MSU Code of Governance, which requires BOR approval for salary payments, was deemed to have been tacitly complied with, as private respondent was paid her salary. Therefore, private respondent enjoyed security of tenure and could not be removed except for cause and with due process. On whether the position is primarily confidential: The Court rejected the petitioner's contention that the position of Executive Assistant II was primarily confidential. The Court noted that the Civil Service Commission (CSC) had not declared the position as such. The memorandum circulars cited by the petitioner were found to be inapplicable. Memorandum Circular No. 13, s. 1990, referred to positions in the Office of the Undersecretary, and Memorandum Circular No. 1, s. 1990, referred to Head Executive Assistant, not Executive Assistant II. Furthermore, even if the circulars were applicable, they stated that incumbents with permanent appointments would retain their status until the positions were vacated. Since private respondent held a permanent appointment, her position could not be considered coterminous with the appointing authority's term without a declaration from the CSC that it was primarily confidential. On the payment of back salaries: The Court affirmed the order for payment of back salaries and other benefits. However, it modified the ruling by limiting the payment of back salaries to a maximum period of five years, in accordance with settled jurisprudence on illegally terminated civil service employees.
Main Doctrine
An ad interim appointment, though issued by the University President in the absence of the Board of Regents, is not temporary in nature but is considered permanent until disapproved by the Board. An employee with a permanent appointment enjoys security of tenure and cannot be removed except for cause and with due process. Positions are presumed to be under the career service unless declared primarily confidential by the Civil Service Commission.