Case Summary (G.R. No. 88183)
Background of Termination Cases
The petitioners were appointed by the President of the Philippines to various ambassadorial posts during the administration of President Corazon Aquino. Their appointments gave rise to the question of whether their service could be terminated without cause, given their classification as political appointees. Specifically, Astraquillo was assigned to the United Arab Emirates, Glang to Kuwait, and Melchor to Moscow.
Facts Relating to Astraquillo
Isabelo Astraquillo was appointed as Ambassador on July 22, 1986. Following allegations of misconduct by the Philippine Labor Attache, a formal investigation was conducted, leading to the Secretary of Foreign Affairs recommending his termination, which was approved by the President. Despite an extension of his term, Astraquillo sought judicial redress for what he claimed was an unlawful dismissal.
Facts Relating to Glang
Alunan C. Glang received his ambassadorship on September 11, 1986. On May 27, 1989, he was notified of his termination effective June 30, 1989, through a memorandum that the President had approved. Glang contested this termination, arguing his removal violated Republic Act No. 704, providing him with a right to security of tenure.
Facts Relating to Melchor
Alejandro Melchor, Jr. was appointed on June 27, 1986, but faced accusations of misconduct by his subordinates. An investigation was initiated, although the charges against him were later dropped. Nevertheless, his services were terminated by the Secretary of Foreign Affairs based on a recommendation approved by the President, leading to his own petitions questioning the legality of his dismissal.
Legal Framework: Career vs. Non-Career Service
The cases hinge on the classification of the petitioners' positions as either “career” or “non-career” within the Public Service framework established by Presidential Decree No. 807. Career service positions require merit-based appointments, while non-career roles, such as those held by the petitioners, can be terminated at the pleasure of the appointing authority.
Arguments Presented by the Petitioners
The petitioners jointly argued that their removals were not executed directly by the President, lacked stated causes, were performed without due process, and that they had been appointed under political circumstances that should protect their positions.
Analysis of the Court's Ruling
The Court affirmed that the petitioners held non-career positions, which are characterized by limited
...continue readingCase Syllabus (G.R. No. 88183)
Case Overview
- This decision encompasses the consolidated cases of five petitioners challenging the termination of their appointments as "political" or "non-career" members of the Philippine Foreign Service by the President of the Philippines.
- The core legal issue revolves around whether the President's authority allows for the termination of these positions without cause or the need for an investigation.
Petitioners and Cases
- Isabelo J. Astraquillo (G.R. No. 88183): Appointed Ambassador to the UAE, terminated after allegations of misconduct.
- Alunan C. Glang (G.R. No. 88467): Appointed Ambassador to Kuwait, terminated with notice to vacate.
- Alejandro Melchor, Jr. (G.R. Nos. 88672 and 88916): Appointed Ambassador to Moscow; faced allegations of misconduct, and subsequently, his services were terminated.
- Cases involve the Secretary of Foreign Affairs Raul Manglapus and other members of the Board of Foreign Service Administration (BFSA).
Background of the Cases
Isabelo Astraquillo:
- Appointed on July 22, 1986; investigated for interfering with the duties of the Labor Attache.
- Recommended for termination by the Secretary of Foreign Affairs, approved by the President.
- Filed a petition for certiorari challenging the legality of his removal and the appointment of a replacement.
Alunan Glang:
- Appoint