Case Digest (G.R. No. 92008)
Facts:
The case involves Ramon P. Binamira as the petitioner and Peter D. Garrucho, Jr. as the respondent. The events leading to this case began on April 7, 1986, when Binamira received a memorandum from Jose Antonio Gonzales, the Minister of Tourism, designating him as the General Manager of the Philippine Tourism Authority (PTA). This designation was effective immediately, allowing him to assume the responsibilities of the office. On April 10, 1986, Minister Gonzales sought and received approval from President Corazon Aquino for the composition of the PTA Board of Directors, which included Binamira as Vice-Chairman due to his role as General Manager. Binamira performed his duties in this capacity and was recognized by various government offices, including the Office of the President.
However, on January 2, 1990, Peter D. Garrucho, Jr., the newly appointed Secretary of Tourism, demanded Binamira's resignation. Following a contentious exchange, Binamira filed a complaint again...
Case Digest (G.R. No. 92008)
Facts:
Appointment and Designation:
- Ramon P. Binamira was designated as General Manager of the Philippine Tourism Authority (PTA) by Minister of Tourism Jose Antonio Gonzales on April 7, 1986.
- Binamira assumed office on the same date and was later included as Vice-Chairman of the PTA Board of Directors, which was approved by President Corazon Aquino on April 10, 1986.
Demand for Resignation:
- On January 2, 1990, Secretary of Tourism Peter D. Garrucho, Jr. demanded Binamira’s resignation.
- Binamira refused, leading to a conflict and a subsequent complaint filed with the Commission on Human Rights.
Presidential Memorandum:
- On January 4, 1990, President Aquino issued a memorandum to Secretary Garrucho, stating that Binamira’s designation as General Manager was invalid because it was not made by the President, as required by P.D. No. 564.
- The President designated Garrucho as concurrent General Manager until a permanent appointment could be made.
Supplemental Petition:
- While the case was pending, President Aquino appointed Jose A. Capistrano as General Manager of the PTA on April 6, 1990. Binamira filed a supplemental petition, impleading Capistrano as an additional respondent.
Issue:
- Whether Ramon P. Binamira was validly appointed as General Manager of the PTA, entitling him to security of tenure.
- Whether the designation by the Minister of Tourism, without the President’s appointment, conferred valid title to the position.
- Whether Binamira’s removal from office was lawful.
Ruling:
The Supreme Court dismissed the petition, ruling that Binamira was not validly appointed as General Manager of the PTA and therefore had no security of tenure.
Invalid Designation:
- The Court held that Binamira’s designation by the Minister of Tourism was invalid because P.D. No. 564 explicitly requires the President to appoint the General Manager.
- Designation is not equivalent to appointment; it is temporary and does not confer security of tenure.
Presidential Prerogative:
- The power to appoint the General Manager is a discretionary power vested solely in the President and cannot be delegated to a subordinate, even a Cabinet member.
- The designation by Minister Gonzales was an unlawful encroachment on the President’s prerogative.
No Security of Tenure:
- Binamira’s designation was merely temporary and could be withdrawn at will.
- The subsequent appointment of Jose A. Capistrano by the President further confirmed that Binamira had no valid title to the position.
Ratio:
Appointment vs. Designation:
- Appointment involves the selection of an individual to exercise the functions of a given office, conferring security of tenure.
- Designation is the imposition of additional duties on an incumbent official and is temporary, not conferring security of tenure.
Non-Delegable Presidential Power:
- The power to appoint the General Manager of the PTA is a discretionary power vested exclusively in the President and cannot be delegated.
- The Minister of Tourism’s designation of Binamira was an invalid exercise of this power.
Doctrine of Qualified Political Agency:
- While the acts of a Cabinet member are presumed to be the acts of the President when performed in the regular course of business, they can be disapproved or revoked by the President.
- President Aquino’s memorandum disapproving Binamira’s designation was a valid exercise of her authority.
No Valid Title to the Position:
- Binamira’s designation did not comply with the legal requirement of a presidential appointment under P.D. No. 564.
- Therefore, he never acquired valid title to the position and had no right to reinstatement.