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SECRETARY OF JUSTICE SERAFIN R. CUEVAS v. ATTY. JOSEFINA G. BACAL

This case has been cited 5 times or more.

	GR No. 170093 2009-04-29	JOSE PEPITO M. AMORES v. CIVIL SERVICE COMMISSION PERALTA, J.
With particular reference to positions in the career executive service (CES), the requisite civil service eligibility is acquired upon passing the CES examinations administered by the CES Board and the subsequent conferment of such eligibility upon passing the examinations.[32] Once a person acquires eligibility, he either earns the status of a permanent appointee to the CES position to which he has previously been appointed, or he becomes qualified for a permanent appointment to that position provided only that he also possesses all the other qualifications for the position.[33] Verily, it is clear that the possession of the required CES eligibility is that which will make an appointment in the career executive service a permanent one. Petitioner does not possess such eligibility, however, it cannot be said that his appointment to the position was permanent.
	GR NO. 169604 2007-03-06	NELSON P. COLLANTES v. CA CHICO-NAZARIO, J.
This allegedly clear distinction springs from petitioner's claim that he resigned from his position, but not from his rank as a Career Executive Service Officer (CESO). Petitioner claims that, as a CESO, there is a "great difference between (1) resigning from one's position and (2) resigning or relinquishing one's rank, as position is different from one's rank. POSITION refers to the particular or specific office from which one may be appointed. RANK, on the other hand, refers not to a particular position but to the class to which one belongs in the hierarchy of authority in an organization or bureaucracy."[23] Petitioner cites Cuevas v. Bacal[24]:[S]ecurity of tenure to members of the CES does not extend to the particular positions to which they may be appointed --- a concept which is applicable only to the first and second-level employees in the civil service --- but to the rank to which they are appointed by the President.
	GR No. 163573 2005-07-27	LEONORA B. IGNACIO v. CIVIL SERVICE COMMISSION CALLEJO, SR., J.
In the leading case of Cuevas v. Bacal,[14] the Court ruled that a CESO may be reassigned or transferred from one position to another, in the interest of the service; such an assignment, however, shall not result in reduction in rank or compensation. In that case, the controversy centered on the title of Chief Public Attorney in the Public Attorney's Office, which requires a CES Rank Level 1. The claimant, respondent Atty. Josefina Bacal, who possessed a CESO III rank, was appointed as such in February 1998 by then President Fidel V. Ramos. In July 1998, she was transferred and appointed Regional Director. President Joseph E. Estrada designated in her stead Atty. Carina J.
	GR No. 144153 2002-01-16	MA. CHONA M. DIMAYUGA v. MARIANO E. BENEDICTO II DE LEON, JR., J.
The mere fact that a position belongs to the Career Service does not automatically confer security of tenure on its occupant even if he does not possess the required qualifications. Such right will have to depend on the nature of his appointment, which in turn depends on his eligibility or lack of it. A person who does not have the requisite qualifications for the position cannot be appointed to it in the first place or, only as an exception to the rule, may be appointed to it merely in an acting capacity in the absence of appropriate eligibles. The appointment extended to him cannot be regarded as permanent even if it may be so designated. It is useful to note that Achacoso served as the jurisprudential basis in recent cases involving issue of security of tenure in career executive service positions. In the doctrinal case of Cuevas v. Bacal,[14] the object of controversy was the title of Chief Public Attorney in the Public Attorney's Office, which requires a CES Rank Level 1. The claimant, respondent Atty. Josefina Bacal, who possessed a CESO III rank, was appointed as such in February 1998 by then President Fidel V. Ramos. In July 1998, she was "transferred" and appointed Regional Director. Designated in her stead by former President Joseph E. Estrada as "Chief Public Defender" was Atty. Carina J. Demaisip. As Demaisip was not a CES eligible, Bacal filed a quo warranto suit before the Court of Appeals questioning the former's appointment. The Court of Appeals rendered judgment in Bacal's favor which, however, we reversed.
	GR No. 127182 2001-12-05	ALMA G. DE LEON v. CA YNARES-SANTIAGO, J.
Moreover, in the recent case of Secretary of Justice v. Josefina Bacal,[6] we ruled that security of tenure in the CES is acquired with respect to rank and not to position. Hence, assuming ex gratia argumenti that a CES eligibility is not a requirement in the case of private respondent, the mobility and flexibility concepts in the assignment of personnel in the CES, which allow transfer or reassignment of CES personnel to other positions of the same rank or salary,[7] justify his transfer to other CES position without violating his right to security of tenure.