G.R. No.

129616 April 17, 2002

THE GENERAL MANAGER, PHILIPPINE PORTS AUTHORITY (PPA) and RAMON ANINO
vs.
JULIETA MONSERATE

FACTS: Julieta Monserate was an employee of the PPA. The PPA was reorganized in 1988. Monserate
applied for the permanent position of Manager II of the Resource Management Division. MOnserate was
confirmed by the CSC and thereafter discharged the functions of the office.

Ramon Anino filed an appeal with the PPA Appeals Board, protesting the appointment. The Board sustained
the protest and upheld the appointment of Anino in place of Monserate.

Monserate filed with the CSC a protest against Anino's appointment which the CSC dismissed.

ISSUE: Was Monserate validly replaced by Anino

HELD: Concededly, the appointing authority has a wide latitude of discretion in the selection and appointment
of qualified persons to vacant positions in the civil service. However, the moment the discretionary power of
appointment is exercised and the appointee assumed the duties and functions of the position, such
appointment cannot anymore be revoked by the appointing authority and appoint another in his stead,
except for cause. Here, no iota of evidence was ever established to justify the revocation of respondent's
appointment by demoting her.

When the CA reinstated Monserate to her post, it merely restored her appointment to the said position to which
her right to security of tenure had already attached. Her position as Manager II never became vacant since
her demotion was void. In this jurisdiction, "an appointment to a non-vacant position in the civil service is
null and void ab initio."
THE GENERAL MANAGER, PHILIPPINE PORTS AUTHORITY (PPA) and RAMON ANINO
vs.
JULIETA MONSERATE

FACTS: The PPA was reorganized in 1988. Monserate applied for the position of Manager II of
the Resource Management Division. She was confirmed by the CSC.

Ramon Anino filed an appeal with the PPA Appeals Board, protesting the appointment. The
Board sustained the protest and appointed Anino in place of Monserate.

Monserate filed with the CSC a protest against Anino's appointment which was dismissed by
the CSC.

ISSUE: Was Monserate validly replaced by Anino

HELD: The appointing authority has a wide latitude of discretion in the selection and
appointment of qualified persons to vacant positions in the civil service. However, the moment
the discretionary power of appointment is exercised and the appointee assumed the
duties and functions of the position, such appointment cannot anymore be revoked by
the appointing authority and appoint another in his stead, except for cause

When the CA reinstated Monserate to her post, it merely restored her appointment to the said
position to which her right to security of tenure had already attached. Her position as Manager
II never became vacant since her demotion was void. In this jurisdiction, "an appointment
to a non-vacant position in the civil service is null and void ab initio."