G.R. No. 129616 - THE GENERAL MANAGER, PHILIPPINE PORTS AUTHORITY (PPA) AND RAMON ANINO, VS. JULIETA MONSERATE.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, this Board upholds the appointment of Ramon A. Anino as Resources Management Division Manager of the Port Management Office of Iloilo. On October 24, 1988, respondent was furnished a copy of PPA Special Order No. 479-88 [9] (entitled Creation of the PPA Managers Pool), dated September 28, 1988, issued by the new PPA General Manager, Mr. Rogelio A. Dayan. That Special Order excluded the name of respondent from the pool-list and placed instead the name of petitioner as Manager II, Resource Management Division. In effect, the Special Order implemented the August 11, 1988 Resolution of the PPA Appeals Board. Aggrieved, respondent filed with the PPA General Manager an appeal/request for clarification dated November 2, 1988. [10] She questioned her replacement under PPA Special Order No. 479-88, claiming that the proceedings before the PPA Appeals Board were irregular because (1) she was not notified of the hearing before it; (2) she was not furnished a copy of the August 11, 1988 PPA Appeals Board Resolution or a copy of the protest filed by petitioner Anino; [11] (3) she was not informed of the reasons behind her replacement; and (4) their Port Manager (in Iloilo City), who was then an official member of the Board, was not included in the said proceedings. On November 8, 1988, pending resolution of her appeal/request for clarification, respondent received a copy of PPA Special Order No. 492-88 [12] dated October 21, 1988, also issued by General Manager Dayan. This PPA Order officially reassigned her to the position of Administrative Officer (SG-15) which was petitioner Anino's former position and was lower than her previous position as Finance Officer (SG 16) before she was appointed as Division Manager. Apparently at a loss with the turn of events, coupled by the inaction of PPA General Manager Dayan on her earlier appeal/request for clarification, respondent filed on November 25, 1988 a precautionary appeal [13] with the CSC. She manifested that as of said date (November 25), she has not yet been furnished a certified copy of the PPA Appeals Board Resolution. On January 2, 1989, respondent received a copy of her new appointment as Administrative Officer dated October 1, 1988. [14] It was also during this time when she learned that PPA General Manager Dayan had just issued petitioners appointment dated October 21, 1988 as Manager II in the Resource Management Division effective February 1, 1988. On January 16, 1989, respondent filed with the CSC an appeal formally protesting against petitioner Aninos appointment and at the same time questioning the propriety of the August 11, 1988 Resolution of the PPA Appeals Board. This appeal remained pending with the CSC for more than six (6) years despite respondent's requests for early resolution. In the meantime, she assumed the position of Administrative Officer. Eventually, the CSC, in its Resolution No. 95-2043 [15] dated March 21, 1995, dismissed respondents appeal