G.R. No. 126481 - DR. EMILY M. MAROHOMBSAR, IN HER OFFICIAL CAPACITY AS PRESIDENT OF THE MINDANAO STATE UNIVERSITY, VS. COURT OF APPEALS AND BILLANTE G. MARUHOM.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, foregoing premises considered, the services of Mrs. Brillante G. Maruhom as Executive Assistant were illegally terminated. Accordingly, she should be immediately reverted to this position with payment of salaries and other benefits that would have accrued to her during the period she was out of the service." Despite said ruling, however, private respondent was not reinstated by petitioner, thereby prompting the former to write to the Regional Director on July 2, 1993 for a "request for an alternative remedy for the immediate reversion of Ms. Maruhom to her former position and the payment of her salary as Executive Assistant II, Mindanao University, Marawi City." The Regional Director promptly responded by issuing a letter-directive on November 5, 1993 ordering herein petitioner to comply with the order of May 3, 1993 under pain of penal and administrative sanctions. On December 6, 1993, petitioner wrote a letter-request for reconsideration of the May 3, 1993 order to the Regional Director contending that the appointment of private respondent was not valid for lack of confirmation by the Board of Regents before it was submitted to the Civil Service Commission for attestation. On March 21, 1994, the Regional Director referred the case to respondent Commission and submitted his Report and Recommendation dated March 11, 1994, recommending a reiteration of the earlier directive with the imposition of a "stern warning xxx that the order of this Commission must be complied with even if that University may not agree with it" (Report of Investigation, Annex "B", p. 69, Rollo ). On June 22, 1994, petitioner was ordered by the CSC Legal Office to submit her comment to the Report and Recommendation submitted by the Regional Director. Petitioner complied on August 17, 1994. Respondent Commission, on December 13, 1994, resolved the case in favor of private respondent. The dispositive portion of its decision reads: "WHEREFORE, the Commission hereby directs the President of the Mindanao State University to explain within five (5) days from receipt of this Order why he should not be charged for not reinstating Billante S. Guinar-Maruhom as Executive Assistant II and for not paying her salaries and other benefits from the time of the termination of her services up to her reinstatement." In compliance with said directive, petitioner submitted her comment contending that her letter-request for reconsideration of the Regional Directors order is still pending and, therefore, she has no obligation to comply with the order of reinstatement yet; that besides, private respondents appointment is not valid for lack of confirmation by the Board of Regents and that even if valid, private respondents appointment was confidential and, therefore, co-terminus with the term of office of then MSU President Alonto. On October 17, 1995, respondent Commission issued Resolution No. 95-6446 and held: The contention that the tenure of Maruhom as Executive Assistant II is c