Erasmo vs.

HIGC Facts: Petitioner Erasmo occupied various permanent positions in Home Insurance & Guaranty Corporation (HIGC) before she was promotionally appointed as Vice President on a temporary employment status due to her lack of CES eligibility. In 1993, administrative charges were filed against her. Pending decision, her appointment was terminated. She then sought reinstatement with back wages which was denied by CSC and affirmed by CA.

Issue: Whether or not petitioner, whose appointment was temporary, is entitled to reinstatement considering that administrative charges were dismissed and considering further that she was occupying a permanent position before the temporary appointment.

Ruling: No. Petitioners promotional appointment was merely temporary in nature and therefore does not enjoy security of tenure. It is terminable at the pleasure of the appointing power with or without cause. In this instant case, when she accepted the promotional appointment knowing it to be temporary, she effectively abandoned her right to security of tenure she previously enjoys under her permanent position. Petition is denied for lack of merit.