[41] CUADRA v. CORDOVA 5.

He was also employed as confidential agent of former Mayor Amante and

G.R. No. L-11602 | April 21, 1958| Modes & Kinds of Appointment: Temporary | Nicole served in that capacity from 1953 to 1954. He was never accused of any crime
nor were charges filed against him before his dismissal.
6. In justifying the dismissal of petitioner from the service, the trial court gave as
Petitioner: ALFREDO CUADRA
its only reason the fact that he was already 47 years, 3 months and 13 days
Respondents: TEOFISTO M. CORDOVA, in his capacity as Mayor of Bacolod City
old when he was appointed to the position of member of the police force of
Bacolod City and as such he was disqualified for such appointment in the light
Recit-Ready: Cuadra, not a civil service eligible, was temporarily appointed as member
of Section 17 of Executive Order No. 175, series of 1930, which provides in
of the police force of Bacolod City. He was paid his salary for services rendered from
part that "To be eligible for examination for initial appointment, a candidate
date of appointment to removal. He was separated from service. Upon petition to court,
must be a citizen of the Philippines, between the ages of twenty-one and thirty,
the trial court justified Cuadra’s dismissal since he was 47 yrs old when he was initially
of good moral habits and conduct, without any criminal record, and must not
appointed and this is not in accordance with EO 17 which provides that to be eligible for
have been expelled or dishonorably discharged from the civil or military
examination for initial appointment, a candidate must be between ages 21-30 yrs old.
employment."
Cuadra contends that the provision only applies to one who desires to take the civil
7. It is claimed by appellant that such ruling is erroneous because such provision
service examination.
of the Executive Order only applies to one who desires to take a civil service
examination and not to the appointment of one who, like appellant, had
w/n the dismissal of Cuadra was proper? YES
already held several positions in the government.

The Court ruled that the law was clear in the requirements for initial appointment and
ISSUE: w/n the dismissal of Cuadra was proper? YES
justified the separation even further by referring to the fact that when Cuadra was
appointed, he was not a civil service eligible and his appointment was merely temporary
RATIO:
in nature.
DISMISSAL WAS PROPER BECAUSE TEMPORARY IN NATURE
▪ When he was appointed he was not a civil service eligible and his appointment
Doctrine: A temporary appointment is similar to one made in an acting capacity, the was merely temporary in nature.
essence of which lies in its temporary character and its terminability at pleasure by the ▪ His appointment being temporary does not give him any definite tenure of
appointing power. And one who bears such an appointment cannot complain if it is office but makes it dependent upon the pleasure of the appointing power.
terminated at a moment’s notice. ▪ A temporary appointment is similar to one made in an acting capacity, the
essence of which lies in its temporary character and its terminability at
Application to case: In this case, Cuadra’s appointment being temporary does not give pleasure by the appointing power. And one who bears such an appointment
him any definite tenure of office but makes it dependent upon the pleasure of the cannot complain if it is terminated at a moment’s notice.
appointing power.
JURISPRUDENCE ON TEMPORARY APPOINTMENTS
FACTS: ▪ Villanosa, Et. Al. v. Alera
1. Cuadra was not a civil service eligible. He was temporarily appointed as o The appointments being temporary, the same have the character of
member of the police force of Bacolod City. ‘acting appointments’ the essence of which is that they are
2. The position to which he was appointed was a newly created one, the salary temporary in nature.
for which was included in the budget. ▪ Castro v. Solidum
3. Petitioner was paid his salary for the service he had rendered from the date of o There is no dispute that petitioner has been merely designated by the
his appointment to the date of his removal. President as Acting Provincial Governor of Romblon on September
4. Petitioner is a high school graduate and had been employed before the war in 11, 1953. Such being the case, his appointment is merely temporary
the City Engineer’s Office of Bacolod City for about two years and was later or good until another one is appointed in his place. This happened
transferred to the Patrol Division of Bacolod Police Department until the when the President appointed respondent Solidum on January 6,
coming of the Japanese in May, 1942. 1954 to take his place