Tuesday, February 16, 2016

Ong vs Office of the President [GR No. 184219, January 30, 2012]

FACTS: Petitioner Samuel Ong, as a career employee in the NBI, was appointed as Director III co-terminus with the appointing authority and would end effectively at midnight on 30 June 2004, unless a new appointment would be issued in his favor by the President consistent with her new tenure effective 01 July 2004; and until then, he shall only hold his position in a de facto or hold over status. On 01 December 2004, the President appointed respondent Victor Bessat as Director III replacing the petitioner. Ong filed a quo warranto before the CA but was denied.

ISSUE: Whether petitioner has been removed from his position as NBI Director III

HELD: Yes. It is established that no officer or employee in the Civil Service shall be removed or suspended except for a cause provided by law. However, this admits exceptions for it is likewise settled that the right to security of tenure is not available to those employees whose appointments are contractual and co-terminus in nature. Ong lacked the CES eligibility required for the position of Director III and his appointment was “co-terminus with the appointing authority.” His appointment being both termporary and co-terminus in nature, it can be revoked by the President even without a cause and at a short notice.

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