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Aquino vs. CSC [SEPARATE OPINION, DISSENTING, MELENCIO-HERRERA, J.]

VICTOR A. AQUINO, petitioner, vs. CIVIL SERVICE COMMISSION and LEONARDA D. DE LA PAZ, respondents.

G.R. No. 92403 | 1992-04-22

DISSENTING OPINION
 
MELENCIO-HERRERA, J.:
 
I am constrained to take exception to the conclusion of the majority that the right tosecurity of tenure of private respondent to the contested position had already attached.
 
It should be noted that private respondent's appointment on 19 September 1986 was approved as permenant by the Civil Service Regional Office IV subject to certain conditions, namely, "(1) that there is no pending administrative case against the appointee; (2) no pending protest against the appointment, (3) nor any decision by competent authority that will adversely affect the approval of...