Medardo AG. Cadiente vs. Luis T. Santos, et al.

1. Sept. 13, 1971 Cadiente was appointed by the then Mayor Lopez as City Legal
Officer of Davao City --- appointment was duly attested & approved as
permanent by the CSC under RA 2260
2. Jan. 6, 1972 new incumbent Mayor Santos (respondent) sent Cadiente a letter
advising him that his services as the Legal Officer of Davao City are dispensed
with effective the receipt of the letter on the ground that his position is primarily
confidential in nature
3. Mayor Santos then appointed Atty. Clapano as the new City Legal Officer of
Davao City
4. CSC decided in favor of Cadiente stating that the position of Cadiente is not
among those positions enumerated in RA 2260 as belonging to the non-
competitive service
5. City Council of Davao passed Res. # 210 --- considering and recognizing
Cadiente as the rightful City Legal Officer --- however respondents still decline &
refuse to recognize Cadiente
6. Feb. 8, 1972 --- CSC returned appointment of Clapano stating that they had
overlooked the fact that Cadiente is already 57 y/o & therefore, authority of his
appointment be first secured from the Office of the President (Sec. 6, RA 728)
7. Cadiente filed w/ CFI of Davao City a petition for mandamus, quo warranto w/
PI against respondents --- dismissed on the ground:
a. Mun. Atty., Prov. Atty, & City Legal Officer are by their nature, primarily
confidential & therefore, belong to the non-competitive service because
the function attached to the office requires trust & confidence of the
appointing authority

Issue:

W/N the position of City Legal Officer is one primarily confidential in nature w/c will
render the termination of Cadiente valid?


Held: YES!
1. Primarily Confidential denotes not only confidence in the aptitude of the
appointee for the duties of the office but primarily close intimacy w/c insures
freedom of intercourse, w/o embarrassment on freedom from misgivings of
betrayals of personal trust on confidential matters of the state.
2. Tenure of officials holding this position ends upon loss of confidence, because
theor term of office lasts only as long as confidence endures & thus their
cessation does not involve removal but an expiration of term.
3. When Mayor Santos terminated the service of Cadiente, he was not removed
nor dismissed but his term merely expires --- there being no removal or dismissal,
there was no violation of the constitutional provision that no officer or employee
in the civil service shall be suspended or dismissed except as cause provided by
law