Facts:

• On March 23, 1976, Dr. Mita Pardo de Tavera filed a complaint against the Philippine Tuberculosis Society, Inc. and several individuals, including Miguel Canizares and others, in the Court of First Instance of Rizal.
• The complaint was amended on April 12, 1976, to include Francisco Ortigas, Jr. as a defendant.
• Dr. Pardo de Tavera, a tuberculosis specialist since 1945, was appointed Executive Secretary of the Society on April 27, 1973.
• She was removed from her position on May 29, 1974, without being informed of the lawful cause for her removal.
• The defendants argued that her position was at the pleasure of the Board of Directors, making her removal valid.
• They contended that the qualifications of Board members could not be questioned in a collateral action and that any challenge should have been filed within one year.
• The lower court ruled the case was for quo warranto and that Dr. Pardo de Tavera had not been illegally removed, as her appointment was temporary.

Issue:

• (Unlock)

Ruling:

• The Supreme Court ruled that the case was indeed one for quo warranto and not merely an action for damages.
• The Court affirmed the lower court's decision, stating that the Society's By-Laws and applicable laws were upheld.
• The Court concluded that the plaintiff-appellant was not entitled to prote...(Unlock)

Ratio:

• The Supreme Court determined that the nature of the action is based on the facts alleged in the complaint, not the defenses raised by the defendants.
• The Court emphasized that Dr. Pardo de Tavera's appointment was at the pleasure of the Board of Directors, indicating it was temporary and could be terminated without cause.
• The Society's By-Laws specified that the Executive Secretary holds office at the pleasure of the Board unl...continue reading