This case has been cited 3 times or more.
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2012-01-30 |
REYES, J. |
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| In its Comment[26] to the petition, the Office of the Solicitor General (OSG) maintains that the replacement of Ong by Bessat was fair, just and in accord with the doctrine enunciated in Aklan College v. Guarino,[27] and with Sections 13[28]and 14,[29] Rule V, Civil Service Commission (CSC) Resolution No. 91-1631 issued on December 27, 1991. Section 13 substantially provides that only a temporary appointment can be issued to a person who does not have the appropriate civil service eligibility. Section 14(2), on the other hand, defines a co-terminous appointment as one co-existent with the tenure of the appointing authority or at his pleasure. The last paragraph of Section 14 states that appointments which are co-terminous with the appointing authority shall not be considered as permanent. | |||||
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2009-02-13 |
NACHURA, J. |
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| 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. | |||||
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2007-11-23 |
NACHURA, J. |
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| First. The letter of appointment was clear. Respondent was confirmed as Dean of AMA College, Parañaque, effective from April 17, 2000 to September 17, 2000. In numerous cases decided by this Court, we had taken notice, that by way of practice and tradition, the position of dean is normally an employment for a fixed term.[36] Although it does not appear on recordâ"€ and neither was it alleged by any of the partiesâ"€ that respondent, other than holding the position of dean, concurrently occupied a teaching position, it can be deduced from the last paragraph of said letter that the respondent shall be considered for a faculty position in the event he gives up his deanship or fails to meet AMA's standards. Such provision reasonably serves the intention set forth in Brent School that the deanship may be rotated among the other members of the faculty. | |||||