Arquero v. CA (G.R. No. 168053; September 21, 2011)
CASE DIGEST: REBECCA T. ARQUERO, PETITIONER, VS. COURT OF APPEALS (FORMER THIRTEENTH DIVISION); EDILBERTO C. DE JESUS, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF EDUCATION; DR. PARALUMAN GIRON, DIRECTOR, REGIONAL OFFICE IV-MIMAROPA, DEPARTMENT OF EDUCATION; DR. EDUARDO LOPEZ, SCHOOLS DIVISION SUPERINTENDENT, PUERTO PRINCESA CITY; AND NORMA BRILLANTES, RESPONDENTS. (G.R. No. 168053; September 21, 2011).
FACTS: Congress approved Republic Act (RA) No. 6765, wherein several were converted into national schools and integrated with the Palawan National School (PNS) in the City of Puerto Princesa, Province of Palawan, as branches thereof. The law also provides that the Palawan Integrated National Schools (PINS) shall be headed by a Vocational School Superintendent (VSS) who shall be chosen and appointed by the Secretary of the Department of Education, Culture, and Sports (now the DepEd).
However, no VSS was appointed. Instead, then DECS Region IV Office designated then PNS Principal Eugenio J. dela Cuesta in a concurrent capacity as Officer-in-Charge (OIC) of the PINS. After the retirement of Dela Cuesta, petitioner took over as Secondary School Principal of the PNS.
Director Rexs successor, Pedro B. Trinidad placed all satellite schools of the PINS under the direct supervision of the Schools Division Superintendent for Palawan. This directive was later approved by the DepEd. Petitioner was instructed to turn over the administration and supervision of the PINS branches or units. In another memorandum, Schools Division Superintendent Portia Gesilva was designated as OIC of the PINS. These events prompted different parties to institute various actions restraining the enforcement of the DepEd orders.
Dr. Giron withdrew the designation of petitioner as OIC of the PINS, enjoining her from submitting to the Regional Office all appointments and personnel movement involving the PNS and the satellite schools. Petitioner appealed to the Civil Service Commission assailing the withdrawal of her designation as OIC of the PINS. Petitioner filed a Motion for Reconsideration and/or Clarification before the Office of the DepEd Secretary as to the designation of private respondent.
Dr. Giron filed a formal charge against petitioner who continued to defy the orders issued by the Regional Office relative to the exercise of her functions as OIC of the PINS despite the designation of private respondent as such. The administrative complaint charged petitioner with grave misconduct, gross insubordination and conduct prejudicial to the best interest of the service.Petitioner filed the Petition for Quo Warranto with Prayer for Issuance of Temporary Restraining Order and/or Injunctive Writ before the RTC of Palawan against public and private respondents. The Petitioner argued that the designation of private respondent deprived her of her right to exercise her function and perform her duties in violation of her right to security of tenure.
RTC rendered a Judgment by Default, declaring petitioner Rebecca T. Arquero as the lawful Principal and Head of the Palawan Integrated National High School who is lawfully entitled to manage the operation and finances of the school subject to existing laws.
On appeal, the CA reversed and set aside the RTC decision.
ISSUE: Is petitioner the lawful Principal and Head of the Palawan Integrated National High School who is lawfully entitled to manage the operation and finances of the school subject to existing laws?
HELD: As aptly observed by the CA, the law created two positions the VSS and the principal or secondary school head teacher of each of the units or branches of the integrated school. The legislators clearly intended that the integrated schools shall be headed by a superintendent. Admittedly, petitioner did not possess the qualifications to hold the position and she was merely designated by the DepEd as the OIC of the PINS. At that time, she held in a concurrent capacity, the permanent position of principal of the PNS. Having been appointed as OIC without the necessary qualifications, petitioner held the position only in a temporary capacity. The purpose of an acting or temporary appointment is to prevent a hiatus in the discharge of official functions by authorizing a person to discharge those functions pending the selection of a permanent or another appointee. An acting appointee accepts the position on the condition that he shall surrender the office once he is called to do so by the appointing authority. Therefore, his term of office is not fixed, but endures at the pleasure of the appointing authority. The essence of an acting appointment is its temporariness and its consequent revocability at any time by the appointing authority.
Thus, under RA 6765, petitioner can only insist on her security of tenure as principal of the PNS but not as OIC of the integrated school. Upon the withdrawal of her designation, her right to the contested position ceased to exist. DENIED.
FACTS: Congress approved Republic Act (RA) No. 6765, wherein several were converted into national schools and integrated with the Palawan National School (PNS) in the City of Puerto Princesa, Province of Palawan, as branches thereof. The law also provides that the Palawan Integrated National Schools (PINS) shall be headed by a Vocational School Superintendent (VSS) who shall be chosen and appointed by the Secretary of the Department of Education, Culture, and Sports (now the DepEd).
However, no VSS was appointed. Instead, then DECS Region IV Office designated then PNS Principal Eugenio J. dela Cuesta in a concurrent capacity as Officer-in-Charge (OIC) of the PINS. After the retirement of Dela Cuesta, petitioner took over as Secondary School Principal of the PNS.
Director Rexs successor, Pedro B. Trinidad placed all satellite schools of the PINS under the direct supervision of the Schools Division Superintendent for Palawan. This directive was later approved by the DepEd. Petitioner was instructed to turn over the administration and supervision of the PINS branches or units. In another memorandum, Schools Division Superintendent Portia Gesilva was designated as OIC of the PINS. These events prompted different parties to institute various actions restraining the enforcement of the DepEd orders.
Dr. Giron withdrew the designation of petitioner as OIC of the PINS, enjoining her from submitting to the Regional Office all appointments and personnel movement involving the PNS and the satellite schools. Petitioner appealed to the Civil Service Commission assailing the withdrawal of her designation as OIC of the PINS. Petitioner filed a Motion for Reconsideration and/or Clarification before the Office of the DepEd Secretary as to the designation of private respondent.
Dr. Giron filed a formal charge against petitioner who continued to defy the orders issued by the Regional Office relative to the exercise of her functions as OIC of the PINS despite the designation of private respondent as such. The administrative complaint charged petitioner with grave misconduct, gross insubordination and conduct prejudicial to the best interest of the service.Petitioner filed the Petition for Quo Warranto with Prayer for Issuance of Temporary Restraining Order and/or Injunctive Writ before the RTC of Palawan against public and private respondents. The Petitioner argued that the designation of private respondent deprived her of her right to exercise her function and perform her duties in violation of her right to security of tenure.
RTC rendered a Judgment by Default, declaring petitioner Rebecca T. Arquero as the lawful Principal and Head of the Palawan Integrated National High School who is lawfully entitled to manage the operation and finances of the school subject to existing laws.
On appeal, the CA reversed and set aside the RTC decision.
ISSUE: Is petitioner the lawful Principal and Head of the Palawan Integrated National High School who is lawfully entitled to manage the operation and finances of the school subject to existing laws?
HELD: As aptly observed by the CA, the law created two positions the VSS and the principal or secondary school head teacher of each of the units or branches of the integrated school. The legislators clearly intended that the integrated schools shall be headed by a superintendent. Admittedly, petitioner did not possess the qualifications to hold the position and she was merely designated by the DepEd as the OIC of the PINS. At that time, she held in a concurrent capacity, the permanent position of principal of the PNS. Having been appointed as OIC without the necessary qualifications, petitioner held the position only in a temporary capacity. The purpose of an acting or temporary appointment is to prevent a hiatus in the discharge of official functions by authorizing a person to discharge those functions pending the selection of a permanent or another appointee. An acting appointee accepts the position on the condition that he shall surrender the office once he is called to do so by the appointing authority. Therefore, his term of office is not fixed, but endures at the pleasure of the appointing authority. The essence of an acting appointment is its temporariness and its consequent revocability at any time by the appointing authority.
Thus, under RA 6765, petitioner can only insist on her security of tenure as principal of the PNS but not as OIC of the integrated school. Upon the withdrawal of her designation, her right to the contested position ceased to exist. DENIED.
