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