Case Summary (G.R. No. 188551)
Petitioner’s Position
Tomas Besa, appointed as Chief Legal Counsel and Vice President of PNB in 1962, contested his transfer to the role of Consultant on Legal Matters, asserting that this action constituted an unlawful removal from office under constitutional protections. He was reassigned on October 20, 1966, through a resolution by the Bank’s Board of Directors, which he sought to nullify, arguing that the transfer occurred without legitimate justification or cause.
Respondents' Justification
In response, the respondents defended the legality and rationale behind the transfer. They maintained that the decision followed a valid appointment process by the Board, emphasizing the nature of the Chief Legal Counsel position as highly confidential, allowing for the appointing authority to designate or change personnel based on the Bank’s confidence and needs.
Legal Basis of the Decision
The decision evaluated the constitutional provision against removal without cause, typically pertinent to civil service employees enjoying fixed terms. However, it was noted that such provisions do not apply in circumstances where the position is confidential. The Court clarified that Besa's role as Chief Legal Counsel allowed the appointing body to terminate his position at will, meaning no formal removal had occurred.
Interpretation of Removal
The Court differentiated between a removal and a termination of position based on the nature of the employment. Since Besa’s role was inherently based on a relationship of trust and confidence, his reassignment was deemed a termination rather than a removal, negating his constitutional argument concerning protection against removal without cause.
Precedents Cited
Besa's arguments leaned on precedents that emphasized the security of civil service personnel from arbitrary dismissal. However, the Court found that those cases did not relate to positions carrying a confidential nature. The principles outlined were relying solely on technical competence versus the necessity of confidence in positions held.
Conclusion on Rights and Privileges
The ruling ultimately underscored the Bank's prerogative to select its legal counsel as it saw
...continue readingCase Syllabus (G.R. No. 188551)
Case Overview
- The case involves Tomas Besa as the petitioner against various respondents, including the Philippine National Bank (PNB) and its President, Roberto S. Benedicto, along with other members of the Board of Directors and a Vice-President.
- It is a legal proceeding for certiorari, prohibition, and quo warranto, primarily concerning the issue of Besa's alleged removal from his position without due cause, invoking constitutional safeguards.
Background Facts
- Tomas Besa was appointed Chief Legal Counsel of PNB with the rank of Vice-President in 1962.
- On October 19, 1966, Besa was transferred to the position of Consultant on Legal Matters, with Conrado E. Medina assuming his previous role as Vice-President and Chief Legal Counsel.
- The transfer was justified by Resolution No. 1053, which indicated Besa would not experience a change in salary or privileges.
- Following the transfer, Besa sought reconsideration, which was denied by the Board of Directors.
Legal Issues
- The central issue is whether Besa's transfer constitutes a removal without cause, in violation of the constitutional provision that protects civil service employees from such actions.
- The case