FACTS:
This is a petition for certiorari
to annul the resolution of the Civil Service Commission which set aside the
order of the Merit Systems Protection Board declaring the herein petitioner as
the legitimate Administrative Officer of Rizal Technological Colleges. Acena
was assigned as Admin. Officer by then President of Rizal Technological
Colleges and was subsequently promoted as Associate Professor on temporary
status pending his compliance to obtain a Master’s Degree while assuming the
position of Acting Admin Officer at the same time. The Board of Trustees
designated Ricardo Salvador as Acting Admin Officer and pursuant to the same,
the new College President Dr. Estolas revoked the designation of the petitioner
as acting Admin Officer. Petitioner sent a letter to the CSC stating his desire
to keep his appointment as Admin Officer instead of Associate Professor. Thus
the latter’s appointment was withdrawn. He also filed a complaint for
injunction of damages to Dr. Estolas assailing the validity of his dismissal
from his position as violation of security of tenure. He filed another
complaint for illegal termination against Dr. Estolas before the Merit Systems
Protection Board (MSPB). The CSC opined that Acena is still the Admin Officer
since his appointment as Asso. Prof. was withdrawn. Dr. Estolas filed petition
for review to the Office of the President. The Presidential Staff Director
referred the complaint back to the CSC. In the dispositive portion of its
resolution, the CSC finds the action of Dr. Estolas valid and set aside the
previous opinion made by the CSC and the order of the MSPB. The petitioner
files a petition for certiorari against the CSC decision on jurisdictional
issue.
