Civil Service Commission v. Darangina
REITERATIONFacts
1. The Antecedents: Engr. Ali P. Darangina, a Development Management Officer V at the Office of Muslim Affairs (OMA), was extended a temporary promotional appointment as Director III, Plans and Policy Services. This appointment was approved by the Civil Service Commission (CSC) for one year, effective September 25, 2000. However, on October 31, 2000, the OMA Executive Director terminated Darangina's temporary appointment, citing his lack of Career Executive Service eligibility. The Director then appointed Alongan Sani to the position, but the CSC disapproved Sani's appointment due to his similar lack of eligibility, stating Darangina could only be replaced by an eligible. 2. Procedural History: The Civil Service Commission (CSC), on appeal by Darangina, initially sustained the termination of his temporary appointment but ordered payment of salaries from September 25, 2000, to October 31, 2000. Upon reconsideration, the CSC modified its resolution, ordering backwages from October 11, 2000, until September 24, 2001, the expiration of his one-year temporary appointment. Darangina filed a motion for partial reconsideration seeking reinstatement and backwages until reinstatement, which the CSC denied as a prohibited second motion. Darangina then filed a petition for review with the Court of Appeals, which was initially dismissed for failure to implead necessary parties. However, the Court of Appeals reconsidered its decision, modifying the CSC resolutions to reinstate Darangina to finish his 12-month term with backwages from his removal until reinstatement. The CSC's subsequent motion for reconsideration was denied. 3. The Petition: The Civil Service Commission filed this Petition for Review on Certiorari under Rule 45 of the 1997 Rules of Civil Procedure, seeking to reverse the Resolutions of the Court of Appeals. The CSC argues that Darangina, as a temporary appointee without the required Career Executive Service eligibility, could be replaced by another non-eligible, and that his term expired upon his replacement, precluding reinstatement and backwages. The CSC contends that Darangina was overpaid as he received salary for the full twelve-month period despite serving only for a fraction of that time.
Issue(s)
Whether the Court of Appeals erred in ordering the reinstatement of respondent to finish his 12-month term with backwages. Whether respondent is entitled to back salaries despite being overpaid.
Ruling
The Supreme Court GRANTS the petition, REVERSES the assailed Resolutions of the Court of Appeals, and orders the respondent to refund the salaries he received from October 31, 2000, up to September 24, 2001.
Ratio Decidendi
On the entitlement to reinstatement and backwages: The Court reiterated that a temporary appointment is issued in the absence of appropriate eligibles and is not for the benefit of the appointee but to prevent a hiatus in the discharge of official functions. Such an appointment is terminable at the pleasure of the appointing power, and the appointee accepts the position with the condition that he shall surrender the office when called upon to do so. Under Section 27(2) of the Administrative Code of 1987, a temporary appointment shall not exceed twelve months, but the appointee may be replaced sooner if a qualified civil service eligible becomes available. However, the Court clarified that when a non-eligible holds a temporary appointment, his replacement by another non-eligible is not prohibited. Furthermore, citing Achacoso, the Court held that when a temporary appointee is required to relinquish his office, he is being separated precisely because his term has expired or he is replaced. Therefore, reinstatement will not lie in favor of the respondent, as there is no longer any remaining term to be served upon his replacement. The Court of Appeals erred in ordering reinstatement. On the entitlement to back salaries: The Court found that the respondent was paid his salary during the entire twelve-month period despite serving only from September 25, 2000, to October 31, 2000, which is one month and six days. Clearly, he was overpaid. Consequently, he is not entitled to further back salaries and, in fact, is ordered to refund the salaries he received from the date of his termination until the expiration of his supposed one-year temporary appointment.
Main Doctrine
A temporary appointee, not possessing the required eligibility, serves at the pleasure of the appointing power and his appointment may be terminated at any time. Upon expiration of his term or replacement, reinstatement will not lie, and he is not entitled to back salaries for the period he did not serve.