Luis Manalang was the Director of the Placement Bureau.

However in 1952, a law was

passed by Congress abolishing the Placement Bureau (PB). The said bureau was replaced
by the National Employment Service (NES). Aurelio Quitoriano, then acting Secretary of
Labor, recommended Manalang to be the Commissioner of NES. But then it was Quitoriano
who was appointed by the President as the Commissioner of NES. Manalang then filed a
quo warranto case against Quitoriano and the two others who succeeded Quitoriano in the
said post.
Manalang contended that the law creating the NES provided for the automatic absorption of
qualified personnel from the PB to the NES; that as Director of PB, he should automatically
be the Commissioner of NES; that he if he wont be appointed as such, he is in effect being
ousted from his position and such violates his security of tenure.
ISSUE: Whether or not Manalang is correct.
HELD: No. The Placement Bureau was duly abolished by a valid law. Consequently,
Manalangs former office as Director of PB is likewise abolished. There I no termination to
speak of and his right to security of tenure is not violated. He was not removed from office.
His office simply ceased to exist.
Even though it appears that the NES and the PB has similar functions, Manalangs
argument that based on the law creating NES, he should be automatically absorbed as
Commissioner therein is not tenable. The absorption of qualified personnel provided for in
the law (RA 761: An Act to Provide for the Organization of a National Employment Service)
does not include the Director of PB because if that it does the intention of Congress, then
Congress is usurping the power of the president to appoint. Congress cannot appoint a
specific person into a public office. The appointing power is the exclusive prerogative of the
President, upon which no limitations may be imposed by Congress, except those resulting
from the need of securing the concurrence of the Commission on Appointments and from
the exercise of the limited legislative power to prescribe the qualifications to a given
appointive office.