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DEMOCRITO M. CASTRO v. MANUEL SOLIDUM

This case has been cited 2 times or more.

2009-02-13
NACHURA, J.
There should also be no doubt that respondent's appointment as Acting Principal is merely temporary, or one that is good until another appointment is made to take its place.[33] An "acting" appointment is essentially a temporary appointment, revocable at will. The undisturbed unanimity of cases shows that one who holds a temporary appointment has no fixed tenure of office; his employment can be terminated any time at the pleasure of the appointing power without need to show that it is for cause.[34] Further, in La Salette of Santiago v. NLRC,[35] we acknowledged the customary arrangement in private schools to rotate administrative positions, e.g., Dean or Principal, among employees, without the employee so appointed attaining security of tenure with respect to these positions.
2007-08-14
AUSTRIA-MARTINEZ, J.
This Court has held that an acting appointment is merely temporary, or one which is good until another appointment is made to take its place.[11] And if another person is appointed, the temporary appointee should step out and cannot even dispute the validity of his successor's appointment.[12] The undisturbed unanimity of cases is that one who holds a temporary appointment has no fixed tenure of office; his employment can be terminated anytime at the pleasure of the appointing power without need to show that it is for cause.[13]