Pamantasan ng Lungsod ng Maynila vs Intermediate Appellate Court

G.R. No. L-65439 – 140 SCRA 22 – Political Law – Law on Public Officers – Ad Interim Appointment

In 1973, Dr. Hernani Esteban was appointed by Dr. Consuelo Blanco as the Vice-President for Administration in the Pamantasan ng Lungsod ng Maynila (PLM). Esteban’s appointment was ad interim in nature (because at that time the PLM Board of Regents was not in session). His appointment was extended in 1975. However, he later discovered that his name was not included among those recommended for permanent appointment. He then requested Blanco to make him a permanent appointee. Blanco, however, appointed Esteban as Professor III instead and his appointment as VP for Admin was terminated. Esteban brought the case before the Civil Service Commission where he got a favorable judgment. The trial court reversed the CSC. The Intermediate Appellate Court reversed the trial court.

ISSUE: Whether or not Esteban is a permanent appointee.

HELD: Yes. Hence, he enjoys security of tenure. The Supreme Court explains that the term “ad interim” as used in the Philippines does not literally translate to “temporary”. In this jurisdiction an ad interim appointment is a permanent appointment. This was explained in the landmark case of Summers vs Ozaeta:

“an ad interim appointment is one made in pursuance of paragraph (4), section 10, Article VII of the Constitution, which provides that the President shall have the power to make appointments during the recess of the Congress, but such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress. It is an appointment permanent in nature, and the circumstance that it is subject to confirmation by the Commission on Appointments does not alter its permanent character. An ad interim appointment is disapproved certainly for a reason other than that its provisional period has expired. Said appointment is of course distinguishable from an ‘acting’ appointment which is merely temporary, good until another permanent appointment is issued.”

In other words, if the Board of Regents is in session, the PLM 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. In the case at bar, apparently, Esteban was confirmed by the Board of Regents in 1975. Blanco however did not relay this confirmation to Esteban. The latter was made to believe (due to souring relationship with Blanco) that his appointment was extended but only as an extension of temporary appointment.

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