G.R. No.

143366
LUIS MARIO M. GENERAL, petitioner, vs. RAMON S. ROCO, respondent.

Doctrine: 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 (except first and second-level employees in the civil 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.
Facts:
Respondent Ramon S. Roco was appointed by then President Ramos in 1996 as Regional
Director of the Land Transportation Office (LTO) in Region V, a position equivalent to CES rank
level V. He forthwith began to assume and discharge the duties and responsibilities of the said
office. Subsequently, then President Estrada re-appointed him to the same position in 1999. At
the time of respondents appointment in 1996 and 1999, he was NOT a CES eligible. However,
during his incumbency, or on August 13, 1999, he was conferred CES eligibility by the Career
Executive Service Board.
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 respondent. Pursuant thereto, DOTC Undersecretary Herminio B.
Coloma, Jr., as Officer-in-Charge of the Department, issued a Memorandum directing petitioner
Luis General to assume the said office immediately and for respondent Roco to report to the
Office of the Secretary for further instructions. Accordingly, petitioner General assumed office.
Aggrieved, respondent Roco filed before the Court of Appeals a petition for quo warranto with
prayer for the issuance of a writ of preliminary injunction and/or temporary restraining order.
The Court of Appeals issued a TRO enabling respondent Roco to re-assume the disputed office.
After the lapse of 60 days, there being no writ of preliminary injunction issued, petitioner
General again assumed the said office. On March 10, 2000, the Court of Appeals rendered a
decision affirming the appointment of respondent Roco to the Office of Regional Director of the
LTO, Region V, nullified the appointment of petitioner General and ordered him to vacate the
subject post in favor of respondent Roco. Upon motion of respondent Roco, the Court of Appeals
issued a writ of execution pending appeal.
Two separate petitions for review under Rule 45 were filed before the SC. The Court issued a
Resolution on the first case of General vs Roco directing the parties to maintain the status quo
ante. Both petitions were later consolidated.
Respondents’ arguments: A career executive service (CES) eligibility is all that an employee
needs to acquire security of tenure in the service; and that appointment to a CES rank is not
necessary for the acquisition of such security of tenure.
Petitioners’ in G.R. No. 143524 and G.R. No. 143366 arguments: CES eligibility alone will not
suffice. Petitioners contended that unless and until an employee in the career executive service is
appointed to the appropriate CES rank, he acquires no security of tenure.
Issue: WON CES eligibility alone will suffice for one to acquire security of tenure?
Held: NO. 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 (except first and second-level employees in the civil 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 fact, a CESO suffers no
diminution of salary even if assigned to a CES position with lower salary grade, as he is
compensated according to his CES rank and not on the basis of the position or office he
occupies.
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, respondent cannot successfully interpose violation of
security of tenure. Accordingly, he could be validly reassigned to other positions in the career
executive service. (thus, temporary capacity lang siya talaga kasi di tama yung CES rank niya)
Achacoso v. It is settled that a permanent appointment can be issued only to a person who meets
all the requirement for the position to which he is being appointed, including the appropriate
eligibility prescribed. Achacoso did not. At best, therefore, his appointment could be regarded
only as temporary. And being so, it could be withdrawn at will by the appointing authority and at
a moments notice, conformably to established jurisprudence.
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The mere fact that a position belongs to the Career Service does not automatically confer
security of tenure on its occupant even if he does not possess the required qualifications. Such
right will have to depend on the nature of his appointment, which in turn depends on his
eligibility or lack of it. A person who does not have the requisite qualifications for the position
cannot be appointed to it in the first place or, as an exception to the rule, may be appointed to it
merely in an acting capacity in the absence of appropriate eligibles. The appointment extended to
him cannot be regarded as permanent even if it may be so designated.
Supplemental notes:
Can the president appoint any person who is not a CES eligible? Yes. The President may,
however, in exceptional cases, appoint any person who is not a Career Executive Service
eligible; provided that such appointee shall subsequently take the required Career Executive
Service examination and that he shall not be promoted to a higher class until he qualifies in such
examination.
What is the mobility and flexibility principle? This is based on the Integrated Reorganization
Plan, CES personnel may be reassigned or transferred from one position to another and from one
department, bureau or office to another; provided that such reassignment or transfer must me:
1. Made in the interest of public service and involves no reduction in rank or salary;
2. that no member shall be reassigned or transferred oftener than every two years;
3. that if the officer concerned believes that his reassignment or transfer is not justified, he
may appeal his case to the President.
Original appointment to a CES rank shall be made by the President from a list of CES eligibles
recommended by the Board. A CES eligible appointed to a CES position may qualify for original
appointment to a CES rank based on the salary grade corresponding to his/her CES position
subject to the approval of the President