TRISTE v MACARAIG
FACTS
Triste during the Marcos regime was an Assistant Regional Director in COA. He was later reassigned by Marcos to the DPWH as Assistant Secretary of Comptrollership and Financial Managment. After the EDSA revolution, Pres. Cory issued Proclamation No. 1 required, “all appointive public officials to submit their courtesy resignation beginning with the members of the Supreme Court.” Hence, Triste submitted his courtesy resignation to the Minister of DPWH. Minister Mercado accepted Triste’s courtesy resignation on August 25, 1986. Ten days later, Triste wrote a letter to the Career Executive Service Board requesting for reinstatement. He also appealed this matter to the Office of the President. DPWH denied Triste’s request because Alvarez was already appointed to the position he previously held, in fact Alvarez has already taken his oath.
ISSUE
Whether or not Triste could be reinstated to his former position after tendering his courtesy resignation.
HELD
NO, he cannot be reinstated to his former position. The Court said that petitioner’s resignation as Assistant Secretary for Comptrollership and Financial Management submitted in obedience to Cory’s Proclamation No.1 was involuntary, and in derogation of his right to security of tenure. But despite such a declaration the Court still ruled that Triste tenure was effectively terminated when: 1. His successor, Alvarez, was designated on May 22, 1986 by Secretary Mercado; formally appointed on July 23, 1986 by Executive Secretary Joker P. Arroyo “by authority of the President;” and reappointed by the President herself on July 21, 1987; 2. His courtesy resignation was accepted by Secretary Mercado on August 4, 1986; and 3. He applied for, and received, retirement and other benefits under Republic Act No. 1616 (p. 166, Rollo) as provided in Section 3, Article III of the Provisional Constitution. His application for retirement benefits validated his otherwise vitiated consent to his resignation. He could not thereafter reclaim the position from which he had resigned. He could not eat his cake and have it too.
