Professional Documents
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Cuadra v. Cordova
Cuadra v. Cordova
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