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PAMANTASAN NG LUNGSOD NG MAYNILA VS.

IAC

Doctrine: The term “ad interim” as used in the Philippines does not literally translate to “temporary”. In the Philippines,
an ad interim appointment is a permanent appointment. As explained in the landmark case, Summers vs Ozatea, based from
the Constitution, the President shall have the power to make appointments during the recess of the Congress, but such
appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the
Congress.’ It is an appointment permanent in nature, and the circumstance that it is subject to confirmation by the Commission
on Appointments does not alter its permanent character.

By applying that logic in this case, it means that if the Board of Regents is in session, the PLM President merely nominates while
the Board issues the appointment. But when the Board is not in session, the President is authorized to issue ad
interim appointments. Such appointments are permanent but their terms are only until the Board disapproves them. If confirmed,
the appointee’s term is converted into the regular term inherent in the position.

FACTS:

1. Hernani Esteban was invited by Dr. Consuelo Blaco,(Pres. Of PLM)


2. At PLM, Dr. Esteban was initially extended an ad interim temporary appointment as Vice President for Administration by
Dr. Blanco and from that Dr. Esteban received his "Notification of Confirmation of Temporary Appointment from the
PLM's Secretary.
3. His appointment was renewed and extended several times for almost two and a half years.
4. Esteba, however, discovered that that he was not included in the list of employees recommended for permanent
appointments. He requested Dr. Blanco to convert his temporary appointment into a permanent one but it was not
granted.
5. Subsequently, Dr. Consuelo Blanco issued a memorandum circular terminating Dr. Esteban's appointment as VP for
Administration. Dr. Esteban appealed to CSC for the protection of his tenure in the Pamantasan.

ISSUE: What is really the status of Esteban’s appointment, Does he hold a hold a position in a permanent capacity as to
guarantee a security of tenure?

HELD: Permanent. There is a Security of Tenure. There was only a misconception to the meaning of the word “ad interim” the
term is not descriptive of the nature of the appointments given to him. Rather, it is used to denote the manner in which said
appointments were made, that is, done by the President of PLM in the meantime, while the Board of Regents, which is originally
vested by the University Charter with the power of appointment, is unable to act.

Not only is the appointment in question an ad interim appointment, but the same is also a confirmed ad interim appointment. In
its Resolution No. 485, dated June 20, 1973, the PLM Board of Regents verified Dr. Esteban's appointment without condition nor
limitation as to tenure. As of that moment, it became a regular and permanent appointment.

Moreover, there is nothing in the Pamantasan Board of Regents' Resolution No. 485 which suggests that respondent
Esteban's appointment was temporary. The Board's action was to confirm or reject an existing ad interimappointment.
If respondent's appointment was intended to be temporary, it should have been expressly stated. It cannot be made to
rest on inconclusive evidence, specially because a temporary appointment divests the temporary appointee of the constitutional
security of tenure against removal without cause even if he is a civil service eligible

Moreover, In case of conflict between a notification issued by the Secretary of the University which is supposed to
reflect the true content of a Board Resolution and the Resolution itself of said Board of Regents of said University, the
latter is controlling for obvious reasons. The Secretary of the University has no authority to alter or add something which is
not provided for in the Resolution of the Board of Regents .The permanent nature of appellant's appointment was not altered or
diminished by the misleading 'notifications' which were sent to him by the secretary of the university president, referring to his
appointment as 'temporary', nor by his uninformed acceptance thereof without knowledge of the true contents of Resolution No.
485 which the university president appears to have studiously suppressed.( Maldita si Dr. Blaco, ni- confirm na pala si Esteban
nung 1975, pero di niya sinabi. Kunwari ineextend niya lang.)