CASE DIGEST: PAMANTASAN NG LUNGSOD NG MAYNILA VS. INTERMEDIATE APPELLATE COURT GR. NO. L-65439, November 13, 1985

FACTS:

Dr. Esteban had been a permanent employee in the government for 25 years. Until May 20, 1973, he was officially connected with the Philippine College of Commerce (PCC) as its Vice President for Academic Affairs. However, the position he held was abolished due to PCC Board of Director's move to streamline the college organization. Dr. Estaban was given by PCC an option to continue teaching therein which he accepted until his transfer to the Pamantasan ng Lungsod ng Maynila (PLM) upon the invitation of its President Dr. Consuelo Blanco. 

At PLM, Dr. Esteban was initially extended an ad interim temporary appointment as Vice President for Administration by Dr. Blanco and from that Dr. Esteban received his "Notification of Confirmation of Temporary Appointment from the PLM's Secretary on June 28, 1973.

The temporary appointments of Dr. Esteban as Vice President for Administration were renewed and extended several times and it continued for almost two and half years until he discovered that he was not included in the list of employees recommended for permanent appointments.  He requested Dr. Blanco to convert his temporary appointment into a permanent one but it was not granted.

On August 7, 1975, Dr. Consuelo Blanco issued a memorandum circular terminating Dr. Esteban's appointment as VP for Administration. Dr. Esteban appealed to CSC for the protection of his tenure in the Pamantasan. 

ISSUE:

Whether Dr. Esteban holds the position in a permanent capacity to guarantee the security of tenure.

RULING:

Yes. Dr. Esteban had been extended several "ad interim"  appointments which PLM mistakenly understands the term ad interim as appointments temporary in nature. In referring to Dr. Esteban's appointment, the term is not descriptive of the nature of the appointments given to him. Rather, it is used to denote the manner in which said appointments were made, that is, done by the President of PLM in the meantime, while the Board of Regents, which is originally vested by the University Charter with the power of appointment, is unable to act. 

Not only is the appointment in question an ad interim appointment, but the same is also a confirmed ad interim appointment. In its Resolution No. 485, dated June 20, 1973, the PLM Board of Regents verified Dr. Esteban's appointment without condition nor limitation as to tenure. As of that moment, it became a regular and permanent appointment.

In other words, if the Board is in session, the PLM President merely nominates while the Board issues the appointment. But when the Board is not in session, the President is authorized to issue ad interim appointment. Such appointments are permanent but their terms are only until the Board disapproves them. If confirmed, the appointee's term is converted into the regular term inherent in the position.