G.R. No. L-9699 – 100 Phil. 1025 – Political Law – Law on Public Officers – Civil Service Eligibility – Temporary Appointment Does Not Ripen Into Permanent Appointment
In 1947, Liberato Jimenez was appointed as a temporary legal investigator in the Philippine Veterans Board (PVB). In 1949, he was promoted as the Chief of the Investigation Section but still in a temporary capacity because he is not civil service eligible. In 1950, he took a promotional civil service exam. In July 1951, Jimenez received a letter from PVB Chairman Gen. Guillermo Francisco advising him that he is being replaced by a civil service eligible. In September 1951, Jimenez received the results of the civil service exam he took in 1950; he passed. He then appealed his separation from service.
ISSUE: Whether or not Jimenez should be reinstated.
HELD: No. In fact, he should have been separated from the service even before 1951. Under the law, he was supposed to only hold such temporary appointment for three months while the appointing power is still looking for a civil service eligible. His extended stay in the service is only upon the grace of the appointing power. Further, there is no law which provides that a temporary appointment may ripen to a permanent one. When he met the civil service eligibility, Jimenez did not become entitled to a permanent position in the PVD. The power to appoint is in essence discretionary on the part of the proper authority, in this case the head of the department. The appointing power has the right of choice which he may exercise freely according to his judgment, deciding for himself who is best qualified for any competitive position in the Civil Service. Mere certification as a civil service eligible does not amount to an appointment. The Civil Service Commission does not insure any appointment; it only certifies an eligible to be possessed of the qualification as required for a position classified under its rules.
