Teodoro M. Castro VS. Amado Del Rosario as CSC Commissioner, Dominador Aytona as Finance Secretary, Melecio R. Domingo as Commisioner of Internal Revenue and Tomas C. Toledo

TOPIC: ART. 6. WAIVER OF RIGHTS.

RATIONALE:

Waiver is an intentional relinquishment of a known right. Silence is not tantamount to waiver. Waiver must be predicated on concrete grounds. The evidence must be sufficient and clear to warrant a finding that the intent to waive is unmistakable. 

GIST:

Castro wanted to be appointed as Assistant Regional Revenue Director II, Manila but Toledo was appointed instead. He protested this but it turns out, he was not even first or second but 9th in line. He averred the first 8 next in rank waived their right to the said position when they didn't protest Toledo's appointment. This was negated by the Court since waivers must be clear and express. Silence does not equate to waiver.

FACTS: 

1. The disputed position was that of Assistant Regional Revenue Director II, Manila which became vacant on 24 August 1959. 

2. Tomas Toledo was appointed to the said position but his appointment was contested by Castro. 

3. 01 July 1960, Commissioner of Civil Service dismissed Castro's protest. 

4. Hence, Castro filed a quo warranto petition before the RTC seeking the appointment to be annulled alleging Tolledo's previous appointment as Chief Revenue Examiner as illegal. RTC rejected Castro's claim but also annulled Toledo's appointment. 

5. Both sides appealed.

6. Castro claimed he was qualified of the position as per Section 23, Paragraph 3, R.A. 2260 which states that the next employee who is qualified and competent shall be promoted thereto. And that if there be similar ranks and qualifications, seniority must be favored. 

7. However, it appears that the Philippines is divided into 10 regional district with each district having a Revenue Regional Director and Assistant Revenue Regional Director. 

The Revenue Regional Director and Assistant Revenue Regional Director of Manila outrank the other 9 of each position outside Manila. 

8. At the time of controverted position, Toledo was occupying the position of Chief Revenue Inspector/Examiner while Castro was an Assistant Revenue Regional Director outside Manila. In fact, he was 9th in rank and the first ones to be considered should be Teodoro Lucero and Lauro D. Abraham. 

9. Castro said they have already waived they right to the position for their failure to complain against Toledo's appointment.

ISSUE:

W/N Tolledo's appointment be annulled and  Castro can be considered as next in rank to the appointment as Assistant Regional Revenue Director II, Manila due to the waiver of the first 8 in rank. 

RULING:

No. Waivers must be expressed and be predicated on more concrete ground. The silence of the next 8 higher in rank is not tantamount to waiver on their part. Then Castro testified, he couldn't categorically state that the other 8 were not interested in the position. 

Since he failed to prove his seniority and waiver on the part of those higher in rank, he cannot be appointed as Assistant Regional Revenue Director II, Manila. Also, he failed to file the quo Warranto within one year.

Also, Toledo seemed to be more fit since he is already within Manila, performing the tasks of the said position, and is more familiar with the work. 

Thus, the previous ruling annulling Toledo's appointment was reversed. Costs against petitioner.