Ong v. Office of the President
REITERATIONFacts
The Antecedents: Samuel B. Ong (Ong) was appointed NBI Director III by the President, with his appointment being co-terminus with the appointing authority's tenure. On June 3, 2004, Ong was informed that his appointment would end at midnight on June 30, 2004, and unless re-appointed, he would be in a de facto/hold-over status. On December 1, 2004, the President appointed Victor A. Bessat (Bessat) as NBI Director III to replace Ong. Ong was notified to cease performing his functions effective December 17, 2004. Procedural History: Ong filed a petition for quo warranto before the Court of Appeals (CA), seeking to nullify his removal and Bessat's replacement, and praying for reinstatement and backwages. The CA denied the petition, holding that Ong's appointment was temporary and co-terminous, thus terminable at the pleasure of the appointing authority. The CA ruled that Ong had no security of tenure and his termination was an expiration of term, not a removal. The Petition: Ong filed a petition for review on certiorari before the Supreme Court, assailing the CA's decision. During the pendency of the petition, Ong died, and his legal heirs were substituted as petitioners. The heirs argued that Ong's removal was invalid as it was issued by the NBI Director, not the President, and that his co-terminous appointment should not be equated with an appointment at the pleasure of the appointing authority.
Issue(s)
Whether the issuance of Memorandum Circular No. 02-S.2004 by the NBI Director constituted an invalid removal of the petitioner from his position. Whether a co-terminous appointment is equivalent to an appointment at the pleasure of the appointing authority, thereby forfeiting security of tenure. Whether the petitioner, as a non-CES eligible holding a co-terminous appointment, possessed security of tenure entitling him to protection against removal without cause.
Ruling
The petition is bereft of merit. The Supreme Court affirmed the decision of the Court of Appeals denying the petition for quo warranto.
Ratio Decidendi
On the validity of Memorandum Circular No. 02-S.2004 and the removal of the petitioner: The Court ruled that Memorandum Circular No. 02-S.2004 did not constitute a removal of Ong from his post but merely informed him that his co-terminous appointment had lapsed into a de facto/hold-over status. Even if it were considered a removal, the defect was cured when the President, as the appointing authority, appointed Bessat, effectively revoking Ong's appointment. The power to remove is lodged with the appointing authority, and the President's subsequent appointment of Bessat ratified any procedural defect. On the nature of co-terminous appointments and security of tenure: The Court reiterated that appointments co-terminous with the appointing authority's tenure are considered temporary and can be revoked by the President even without cause and at short notice. The right to security of tenure is not available to employees whose appointments are contractual and co-terminous in nature. Ong's appointment, being co-terminous with the President's tenure, meant he served at the pleasure of the President and his appointment could be recalled anytime. On the petitioner's lack of CES eligibility and security of tenure: The Court emphasized that Ong lacked the Career Executive Service (CES) eligibility required for the position of Director III. Consequently, his appointment was temporary, and he did not possess security of tenure. A temporary appointee can be removed even without cause and at a moment's notice. The Court clarified that security of tenure in the CES pertains to rank, not to the specific office or position, and that possession of CES eligibility is crucial for a permanent appointment and security of tenure in the CES.
Main Doctrine
A temporary and co-terminous appointee, lacking the required eligibility for the position, has no security of tenure and can be removed or replaced at the pleasure of the appointing authority without prior notice or cause, as their appointment is considered to have expired.