RAMON P. FERNANDEZ, PETITIONER, VS. EDUARDO ROMUALDEZ, AS SECRE­TARY OF FINANCE; ABELARDO SUBIDO, AS COMMISSIONER OF CIVIL SERVICE; JACINTO GAVINO, AS COMMISSIONER OF CUS­TOMS; …

On June 5, 1962, Ramon P. Fernandez was appointed Collector of
Customs of the Port of Jose Panganiban, Camarines Norte.  On
its face, the appointment was “Proba­tionary” and it stated that
“This appointment is good for a period of six months only from assumption
to duty.”* (Petition,
Annex “A”) Said appointment was approved by the Civil Service
Commissioner, “as indicated on the face thereof.” (Petition, Annex
“R”) Fernandez assumed duty on June 18, 1962.

On December 12, 1962, Fernandez wrote the Commissio­ner of
Customs, thus:

“Following my original appointment as Col­lector of Customs of
the Port of Jose Pangani­ban, my probationary period
of six months will end on the 18th of this month.  As of this date, I have no permanent
appointment although ins­tructed verbally by the Deputy Commissioner of Customs
for Administration to continue on my job.”

On January 10, 1963, Acting Secretary of Finance Rod­rigo D.
Perez, Jr. extended another appointment in favor of Ramon P. Fernandez, to the
same position, effective De­cember 19, 1962 (Answer, Annex “6”).  Said appointment was expressly stated to be
“temporary in nature and without prejudice to the final outcome of
the administrative case against Mr. Democrito R. Septimo, former incumbent of the position.”* Ramon P. Fernandez continued occupying the
position in question.

On April 2, 1966, Ramon P. Fernandez was informed at a conference
by Commissioner of Customs Gavino that his
appointment was terminated.  This was
reiterated in a for­mal notice in writing on April 19, 1966.

On May 17, 1966, Customs Commissioner Gavino
issued Customs Personnel Order No. 513-66 ordering Alfredo de la Fuente (Collector of the Port of Aparri)
to assume the post of Acting Collector of Customs of the Port of Jose Panganiban effective immediately but not to exceed thirty
days.  Said order was transmitted to
Fernandez on May 19, 1966 with a directive to turn over his money and property
accountabilities to De la Fuente.

De la Fuente reported to the office of
the Collector in Jose Panganiban and assumed his new
position on May 24, 1966.  Fernandez,
however, refused to relinquish the posi­tion. 
On the same day, Fernandez instructed his personnel not to recognize De
la Fuente as Collector.

The next day, May 25, 1966, Fernandez telegrammed the
Commissioner of Customs, questioning De la Fuente’s
detail.

On June 6, 1966, Fernandez filed the present action in this Court
for quo warranto and mandamus with prelimi­nary
injunction, against Eduardo Romualdez as Secretary of
Finance, Abelardo Subido as
Commissioner of Civil Service, Jacinto Gavino as
Commissioner of Customs, Alfredo de la Fuente and Job
P. Guinto. 
Respondent Guinto, who is a de­puty collector,
is sued on the allegation that De la Fuen­te’s detail
as collector for 30 days is designed merely to enable deputy collector Guinto to assume the position of collector after Fernandez
is ousted.

Respondents filed their answer on July 15, 1966.  Af­ter hearing, this case was submitted for
decision on De­cember 8, 1966.

At issue is whether Fernandez’s appointment was le­gally
terminated.

The first appointment extended to Fernandez was termed
“Probationary” and specified to be good only for six months from
assumption of duty, or until December 18, 1962, he having assumed duty on June
18, 1962.  It was approved as such
by the Commissioner of Civil Service. 
Subsequent­ly, Fernandez was extended merely a “temporary”
appoint­ment and he continued to perform his duties under said temporary
appointment, effective December 19, 1962. 
There is therefore no question that on April 19, 1966, when Fer­nandez
was notified that his appointment was terminated, he was holding merely a
temporary appointment, which is ter­minable at any time.

WHEREFORE, the petition for quo warranto
and mandamus is hereby denied, with costs.

SO ORDERED.

Reyes, J.B.L., (Acting C.J.), Dizon, Makalintal, Zaldivar, Sanchez, Ruiz
Castro, Angeles, and Fernando, JJ., concur.

* [Sic ]

* Collector Septimo was ordered dismissed by the Civil Ser­vice
Commission on May 29, 1961.  The decision
became final on May 16, 1962.  Appeal to
the Civil Service Board of Appeals was made on June 1, 1962, but was dismissed
for being late, under the Board’s resolu­tion promulgated on August 2; 1965.