Case Digest: General v Roco

ISSUE:  Whether or not a CES eligibility is sufficient to acquire security of tenure. 

FACTS:  Respondent Ramon S. Roco was appointed by then President Fidel V. Ramos on 26 Aug 1996 as Regional Director of the Land Transportation Office in Region V, a position equivalent to CES rank Level V. He was re-appointed to the same position by then President Joseph Estrada. From his appointment in 1996, respondent was not a CES eligible and was only conferred CES eligibility by the Career Executive Board on 13 Aug 1999. On 07 Sep 1999, petitioner Luis Mario General, who was not a CES eligible, was appointed by then President Estrada as Regional Director of LTO-V. Pursuant thereto, DOTC Undersecretary Herminio B. Coloma, Jr., as officer-in-charge of the department, issued a memorandum directing petitioner General to assume the said office immediately and for respondent Roco to report to the Office of the Secretary. 

DECISION:  No 

RATIO DECIDENDI:  Two requisites must concur in order for an employee in the career executive service may attain security of tenure: CES eligibility and appointment ot the appropriate CES rank.