Monday, October 14, 2013

Case Digest: G.R. No. L-20864. August 23, 1963

Elpidio Valencia, petitioner, vs. Macario Peralta, Jr., respondent.
Facts: Valencia was designated Acting Chairman of the board of directors of the National Waterworks and Sewerage Authority by the then Pres. Garcia. Allegedly upon information that the then Pres. Garcia had extended him as an ad interim appointment, petitioner took an oath of office to the position of Chairman Ad Interim of said Authority of which the Commission on Appointments confirmed and specified the expiration date of his term of office. However, Pres. Macapagal appointed respondent as ad interim to the same position. Thereafter, the petitioner ceased to attend any board meeting and eventually instituted the present petition.

Issue: Whether or not the appointment of Valencia is valid.

Ruling: No. The designation of petitioner as Acting Chairman of the NAWASA Board of Directors is of revocable and temporary character which could not ripen into a permanent appointment, even if it was subsequently confirmed by the Commission on Appointments, because confirmation presupposes a valid nomination or recess appointment, of which there is no trace. Neither does the fact that petitioner Valencia subscribed an oath of office as ad interim appointee to the position help his case, since the oath clearly does not correspond to the temporary designation as Acting Chairman that was accorded him. There is on record only one written designation of petitioner, a mere Acting Chairman, that was not a permanent appointment, was revocable at any time by the Chief Executive, and actually revoked by the subsequent designation of respondent Peralta.

No comments:

Post a Comment