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FELIX v.

BUENASEDA
G.R. No. 109704 / JAN 17, 1995 / VITUG, J./LABOR-RESIDENCY TRAINING/PSPAMBID

NATURE
PETITIONERS
RESPONDENTS
Commission

Petition for Certiorari


Alfredo B. Felix
Dr. Brigida Buenaseda, Isabelo Baez, Jr., Civil Service

SUMMARY. Felix worked as Medical Specialist I for the government. He


started as a Resident Physician with an annual salary. Later he got
promoted to Senior Resident Physician [permanent], which he held for
some time, and thereafter accepted the appointment as Medical Specialist
I [temporary] which Felix held for three years without remonstrations.
Felixs contract was eventually not renewed. He assails the validity of the
removal. The Court ruled that his position was temporary and the fact that
he did not assail the temporary nature of the position is proof of his
acceptance of the appointment.
DOCTRINE. Residency is never meant to be a permanent position. The
purpose is geared towards training the resident physician.
FACTS.

Felix worked as Medical Specialist I for the government [National


Center of Mental Health (NCMH)]. He started as a Resident Physician
with an annual salary. Later he got promoted to Senior Resident
Physician [permanent], which he held for some time, and thereafter
accepted the appointment as Medical Specialist I [temporary] which
Felix held for three years without remonstrations.

Pursuant to an Executive Order [EO No. 119] a general reorganization


in the government ensued. In view of this, DoH effected a
reorganization, and one of the guidelines [DoH DO No. 478] made
Felix unfit for the position due to the fact that he was not yet
accredited by the Psychiatry Specialty Board.

His appointment was extended pending review of the Medical


Committee of NCMH, which eventually recommended non-renewal
of Felixs appointment and informed him of the same.
Nevertheless, Felix was still allowed to continue his service even
after he was informed of his termination.

The Chief of Service of NCMH conducted an emergency to discuss


Felixs performance. The overall consensus expressed non-renewal of
Felixs contract due to poor performance, frequent tardiness and
inflexibility.

The matter was referred to CSC [Civil Service Commission] which ruled
that appointment of Felix can be terminated at any time and that
renewal was within the discretion of the appointing authority [NCMH]
by virtue of the incidental power of the power to appoint [the power to

renew a temporary appointment] and further. The removal of Felix has


thus been affirmed by CSC. Felixs appeal was dismissed and his
subsequent motion for reconsideration has been denied by CSC.
Petitioner now questions the validity of such removal.

ISSUES & RATIO.


1. WON the position held by Felix as Resident Physician a
permanent one NO.

Residency is never meant to be a permanent position. It is a step


taken by a physician right after post-graduate internship (and after
hurdling the Medical Licensure Examinations) prior to his
recognition as a specialist or sub-specialist in a given field.

To specialize on a medical field, one has to go through a


stringent process. This process is to guarantee the specialists
minimum standards and skills which is an assurance to the
community that a specialist is not set loose without the basic
knowledge and skills of his specialty as lives are ultimately at
stake. The purpose is thus geared towards training the resident
physician.
2. WON an employee, after not challenging his appointment
from a permanent to a temporary position within a
reasonable period, deemed to have accepted his appointment
YES.

Felixs acceptance as temporary Medical Specialist I for three years


was subject to peer and superior evaluation, for which Felix fell
short.

Regardless, Felix never questioned his temporary assignment


[for three years] until DoH, as a result of his performance
evaluation, ordered non-renewal of his temporary position.

In view of his silence to question his appointment from


permanent to temporary, warrants the presumption that Felix
has either given up his claim or that he has already settled
into the new position, which is the concept of laches, which
therefore estops him from questioning the same [three years
later].

Felix has abandoned his right to claim to question his conversion


from permanent employee to temporary employee through laches,
and henceforth, is deemed to have accepted his appointment from
permanent to temporary position.
DECISION.
Petition DISMISSED.