Digest: Ignacio v. Civil Service Commission (464 SCRA 220, 2005)

Digest: Ignacio v. Civil Service Commission (464 SCRA 220, 2005)
G.R. NO. 163573 July 27, 2005
CALLEJO, SR., J.:

Facts: Petitioner Dr. Leonora B. Ignacio was the Division Superintendent of Public Schools. the Secretary of the Department of Education, Culture and Sports (DECS), through former Undersecretary Ramon C. Bacani, issued an Orderreassigning her to the Division of Schools in Puerto Princesa City effective immediately. Regional Director Paraluman R. Giron forwarded the reassignment letter to Dr. Ignacio through a Letter. However, on May 10, 2002, Undersecretary Bacani issued a Memorandum to Regional Director Giron directing her to hold Dr. Ignacio's reassignment in abeyance until further orders from his office. Dr. Giron then informed Dr. Ignacio of Undersecretary Bacani's directive via a Letter.

However, the next day, May 14, 2002, Undersecretary Bacani again wrote to Dr. Giron, reiterating Dr. Ignacio's reassignment as Superintendent of the Division of Public Schools of Puerto Princesa City with Dr. Alma Bella O. Bautista as the designated Schools Division Superintendent of Cavite City. In a Letter dated May 21, 2002, Dr. Giron informed Dr. Ignacio of Undersecretary Bacani's directive and enjoined her to comply therewith. Instead of complying with the directive, however, Dr. Ignacio filed a petition for its nullification with the Regional Office of the Civil Service Commission (CSC). Considering that the petitioner was a presidential appointee, the petition was transmitted to the CSC for resolution.

 

The petitioner alleged that her reassignment to Puerto Princesa City was arbitrary, oppressive and contrary to law. Being a presidential appointee with Career Executive Service (CES) Rank V eligibility, only the President, through the DECS Secretary, could reappoint her, and such authority could not be delegated to an Undersecretary. She further alleged that her reassignment was a demotion.

Issue: Whether or not Petitioner enjoys security of tenure as Division Superintendent of Public Schools.

Ruling: No. The petitioner was a member of the CES with a rank of CESO V; as such, her security of tenure pertains only to her rank and not to her office or her position. The security of tenure of employees in the career executive service (except first and second-level employees in the civil service), pertains only to rank and not to the office or to the position to which they may be appointed. Thus, a CESO may be transferred or reassigned from one position to another without losing his rank which follows him wherever he is transferred or reassigned. In fact, a CESO suffers no diminution of salary even if assigned to a CES position with lower salary grade, as the compensation is according to CES rank and not on the basis of the position or office occupied.

'Within the Career Executive Service, personnel can be shifted from one office or position to another without violation of their right to security of tenure because their status and salaries are based on their ranks and not on their jobs. 

Mobility and flexibility in the assignment of personnel, the better to cope with the exigencies of public service, is thus the distinguishing feature of the Career Executive Service.