382 Phil. 825
GONZAGA-REYES, J.:
Private respondent Billante S. Guinar-Mahurom was appointed as Technical Assistant assigned to the Office of the Chancellor of the Mindanao State University sometime in 1988. That appointment was confirmed by the Board of Regents in its Resolution No. 279, series of 1988, promulgated on November 8, 1988. When the Salary Standardization Law (R.A. 6788) was enacted, private respondent’s position was converted into Executive Assistant II. However, since private respondent at that time was not a Civil Service eligible, she was extended a temporary appointment duly noted by the Board of Regents (Resolution No. 1, series of 1991).Private respondent thereafter sought a reconsideration of her termination but her request was denied, hence, on April 30, 1993, she filed a complaint for illegal termination before the Regional Office No. 12 of the Civil Service Commission.
When private respondent passed the Civil Service career professional examinations, she was immediately extended a permanent appointment by then MSU President Ahmad Alonto, Jr. on May 3, 1991. Private respondent continued to hold the position until February 15, 1993 when she received the letter of termination from petitioner Marohombsar after the latter had assumed office as President of the University (January 5, 1993). The cause of termination, which was made effective on February 28, 1993, was "in view of the urgent need to establish a new order and maintain the trust and confidence reposed upon the Office of the President as demanded by the standards of Public Service."
"WHEREFORE, foregoing premises considered, the services of Mrs. Brillante G. Maruhom as Executive Assistant were illegally terminated. Accordingly, she should be immediately reverted to this position with payment of salaries and other benefits that would have accrued to her during the period she was out of the service."Despite said ruling, however, private respondent was not reinstated by petitioner, thereby prompting the former to write to the Regional Director on July 2, 1993 for a "request for an alternative remedy for the immediate reversion of Ms. Maruhom to her former position and the payment of her salary as Executive Assistant II, Mindanao University, Marawi City." The Regional Director promptly responded by issuing a letter-directive on November 5, 1993 ordering herein petitioner to comply with the order of May 3, 1993 under pain of penal and administrative sanctions.
"WHEREFORE, the Commission hereby directs the President of the Mindanao State University to explain within five (5) days from receipt of this Order why he should not be charged for not reinstating Billante S. Guinar-Maruhom as Executive Assistant II and for not paying her salaries and other benefits from the time of the termination of her services up to her reinstatement."In compliance with said directive, petitioner submitted her comment contending that her letter-request for reconsideration of the Regional Director’s order is still pending and, therefore, she has no obligation to comply with the order of reinstatement yet; that besides, private respondent’s appointment is not valid for lack of confirmation by the Board of Regents and that even if valid, private respondent’s appointment was confidential and, therefore, co-terminus with the term of office of then MSU President Alonto.
‘The contention that the tenure of Maruhom as Executive Assistant II is coterminous with the term of office of then MSU President Alonto, the one who appointed her, must be rejected. There is no showing that said position has been declared as primarily confidential in nature by the Commission pursuant to its authority under the Administrative Code of 1987. In the absence of such declaration, the position is thus considered under the career service. Hence, an appointee who holds an appointment thereto under permanent status enjoys security of tenure as guaranteed by law. Thus, she could not be separated from the service except for cause and after due process.It is patent from the foregoing recital that private respondent was first appointed Technical Assistant in 1988 and the MSU Board of Regents (BOR) confirmed her appointment per its Resolution No. 279, s. 1988. The position title was subsequently reclassified and retitled to Executive Assistant II upon the effectivity of Republic Act 6758, otherwise known as the Salary Standardization Law. Since private respondent did not possess the appropriate civil service eligibility required of the position at that time, she was only extended a temporary appointment as Executive Assistant II which was noted by the MSU Board of Regents. Subsequently, upon acquiring Career Service Professional Eligibility, she was extended a permanent appointment to the position of Executive Assistant II by then MSU President Ahmad E. Alonto, Jr. on May 3, 1991. This appointment was approved as permanent by the Civil Service Commission Regional Office No. 12 on June 25, 1991. She assumed office and discharged the duties thereof, without any objection from the Board of Regents. When MSU President Alonto was replaced by herein petitioner Dr. Emily M. Marohombsar on January 5, 1993, private respondent continued her employment and received the corresponding salary and other benefits from the MSU until she was summarily terminated on February 28, 1993. The Civil Service Commission declared her termination as illegal and ordered the payment of all her back salaries and other benefits due her from the date of her separation up to the date of her reinstatement in the service.
WHEREFORE, MSU President Emily M. Marohombsar is hereby directed to immediately reinstate Billante G. Maruhom to her former position of Executive Assistant II and to pay all her back salaries and other benefits due her from the date of her separation up to the date of her reinstatement in the service. Further failure or defiance on the part of said official to do what is required, will be considered contempt of this Commission and grounds for administrative sanctions."[2]
"SECTION 6. The Board of Regents shall have the following powers and duties, in addition to its general powers of administration and the exercise of the powers of the corporation: haideemThe MSU Code of Governance reiterates the power of the President to recommend qualified persons to the Board of Regents to fill vacancies and new positions as follows:xxx xxx xxx
(e) To appoint on the recommendation of the President of the University, professors, lecturers and other employees of the University. x x x"[6]
ART. 41. General Powers of the President:Based on the foregoing, petitioner correctly theorizes that private respondent’s appointment was merely ad interim considering the appointment was issued by the University President rather than the MSU Board of Regents prior to submission to the Civil Service Commission for attestation. Petitioner, however, errs in concluding that an ad interim appointment is invalid and ineffective, therefore, terminable at any time and for any cause. kirstenxxx xxx xxx
(g) He shall recommend qualified persons to fill vacancies and new positions created and funded by the Board; provided, that such appointment shall be submitted in the next regular meeting of the Board; Provided Further, that no payment of salary shall be effected unless approved by the Board of Regents.[7]
"In other words, if the Board of Regents is in session, the Pamantasan 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 appointments. 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."[11]There is no question then, as petitioner herself theorizes, that private respondent’s appointment was ad interim having been issued by the President instead of the Board of Regents. The issue at this point is whether an employee holding an ad interim appointment may be terminated at any time and for any cause as advanced by petitioner.
"Considering that the appointee to said position will be performing duties which will require absolute trust and confidence of the Undersecretary, the Commission has declared as primarily confidential in nature pursuant to Resolution No. 93-073 the position of Executive Assistant, Chauffeur/Driver and all other positions located in the Office of the Undersecretary per approved Position Allocation List. Hence, the term of office of the appointees therein shall be coterminous with the official they serve."On the other hand, the portion of MC No. 1, s. 1990 relied upon by petitioner reads as follows:
"Pursuant to CSC Resolution No. 90-261 dated March 5, 1990, the position of Head Executive Assistant has been declared as primarily confidential in nature. The term of office of the appointees to said position becomes coterminous with that of the appointing authority. In cases where the executive being assisted is not the appointing authority, the term of office of the Head Executive Assistant shall be dependent upon the former’s recommendation."Both MCs are not applicable to the instant case. MC No. 01, s. 1993 refers to Executive Assistant, Chauffeur/Driver and other positions located in the Office of the Undersecretary as clearly provided in the subject heading thereof as follows:
Herein private respondent is holding the position of Executive Assistant II in the Office of the Chancellor. On the other hand, MC No. 01, s. 1990 clearly refers to Head Executive Assistant and not Executive Assistant II.
"SUBJECT: Declaration of the Executive Assistant, Chauffeur/Driver and all other positions located in the office of the Undersecretary as primarily Confidential in Nature."
"There is nothing in the records that would indicate any justification for the respondent Commission to classify the position of private respondent as primarily confidential. Petitioner failed to specify the particular duty of private respondents that would classify her position as highly confidential. Petitioner merely invoked CSC memorandum Circular No. 1, s. 1993, which classified the position of Executive Assistant as primarily confidential in nature. However, that memorandum circular exclusively refers to Executive Assistants assigned in the office of Undersecretaries and not to University Presidents or Chancellors. Such reliance on the art of petitioner is, therefore, misplaced. In any event, even if reliance is made on said circular, private respondent’s case still would not fall under such classification since it was categorically stated in the circular that those incumbents to the reclassified positions whose appointments are permanent" "shall retain their permanent status until said positions are vacated" (CSC memorandum Circular No. 1, s. 1993).[14]Based on the foregoing, private respondent holds an appointment under permanent status and thus enjoys security of tenure as guaranteed by law. As an employee in the civil service and as a civil service eligible, private respondent is entitled to the benefits, rights and privileges extended to those belonging to the service. Private respondent could not be removed or dismissed from the service without just cause and without observing the requirements of due process as what happened in the present case.[15] Inescapable then is the conclusion that private respondent was illegally dismissed when she was summarily terminated from the service by mere letter on the alleged ground of "urgent need to establish a new order and maintain the trust and confidence reposed upon the Office of the President x x x."