CASE DIGEST: GENERAL vs. ROCO. G.R. No. 143366. January 29, 2001 350 SCRA 528

FACTS:

Respondent Roco was appointed by then President Ramos in 1996 as Regional Director of the LTO in Region V, a position equivalent to CES rank level V and later reappointed by then President Estrada to the same position in 1999.

At the time Roco’s appointment in 1996 and 1999, he was not a CES eligible. However, during his incumbency in 1999, he was conferred CES eligibility by the CESB.

On September 7, 1999, petitioner Luis Mario General, who is not a CES eligible, was appointed by President Estrada as Regional Director of the LTO in Region V, the same position being occupied by Roco. Pursuant thereto, DOTC Undersecretary Coloma as OIC issued a Memorandum directing General to assume the said office immediately and for Roco to report to the Office of the Secretary for further instructions.

Roco filed before the CA a petition for quo warranto which was affirmed by the latter and ordered the nullification of General’s appointment. From this decision General filed a petition for review against Roco. The latter contends that CES eligibility is enough to acquire security of tenure which grants him the right to hold the position disputed.

ISSUE:

Whether Career Executive Service (CES) Eligibility is enough and the appointment to a CES rank is not necessary to acquire security of tenure.

RULING:

No. Section 27 (1), of the Civil Service Law (Subtitle A, Tittle I, Book V of E.O. No. 292), provides that:

(1) Permanent status. - A permanent appointment shall be issued to a person who meets all the requirements for the position to which he is being appointed, including the appropriate eligibility prescribed, in accordance with the provisions of law, rules and standards promulgated in pursuance thereof.

In the career executive service, the acquisition of security of tenure which presupposes a permanent appointment is governed by the rules and regulations promulgated by the CES Board, thus:

Career Executive Service Eligibility

Passing the CES examination entitles the examinee to a conferment of a CES eligibility and the inclusion of his name in the roster of CES eligibles. 

Conferment of CES eligibility is done by the Board through a formal Board Resolution after an evaluation is done of the examinees performance in the four stages of the CES eligibility examinations.

Appointment to CES Rank

Upon conferment of a CES eligibility and compliance with the other requirements prescribed by the Board, an incumbent of a CES position may qualify for appointment to a CES rank. Appointment to a CES rank is made by the President upon the recommendation of the Board. This process completes the official’s membership in the CES and most importantly, confers on him security of tenure in the CES.

As clearly set forth in the foregoing provisions, two requisites must concur in order that an employee in the career executive service may attain security of tenure, to wit:

a) CES eligibility; and

b) Appointment to the appropriate CES rank.

In addition, it must be stressed that the security of tenure of employees in the career executive service pertains only to rank and not to the office or to the position to which they may be appointed. Thus, a career executive service officer may be transferred or reassigned from one position to another without losing his rank which follows him wherever he is transferred or reassigned. 

In the case at bar, there is no question that respondent Ramon S. Roco, though a CES eligible, does not possess the appropriate CES rank, which is - CES rank level V, for the position of Regional Director of the LTO (Region V). Falling short of one of the qualifications that would complete his membership in the CES, the respondent cannot successfully interpose violation of the security of tenure. Accordingly, he could be validly reassigned to other positions in the career executive service.