Case Summary (G.R. No. 136448)
Applicable Law
This case primarily involves the interpretation of the Code of By-Laws of the Philippine Tuberculosis Society, Inc., provisions of the Civil Code of the Philippines, and constitutional guarantees, particularly those regarding due process and equal protection under the law.
Procedural Background
The plaintiff-appellant lodged a complaint on March 23, 1976, alleging her wrongful removal from her position. The initial complaint was amended to include additional parties and claims. The defendants contended her removal was lawful, asserting that the position of Executive Secretary was held at the pleasure of the Board and that the plaintiff’s removal did not require cause or notice.
Nature of the Action
The lower court classified the suit as one for quo warranto, asserting that the action needed to be filed within one year from the date of her ouster. However, the plaintiff argued that her complaint should be viewed as seeking damages rather than reinstatement, thus invoking different statutory periods. The court later ruled that the action constituted a challenge to her removal and not one solely for damages.
Court’s Findings on Removal
The court affirmed that the plaintiff was not illegally removed as her appointment was at the pleasure of the Board of Directors, which meant her position could be terminated without cause. The court cited that under the Society’s By-Laws, the Executive Secretary serves at the pleasure of the Board, indicating that no violation of the due process was committed in her removal.
Analysis of By-Laws and Appointment Status
The court analyzed the By-Laws provisions relevant to the tenure and removal of officers, reaffirming that the absence of a fixed term indicated a temporary appointment. Therefore, the plaintiff’s position was terminable at the discretion of the Board. The minutes of various society meetings were reviewed to ascertain the context and validity of her appointment and subsequent removal.
Legal Implications of the Ruling
By determining the nature of her suit as not falling under quo warranto, and confirming the removal was neither unjust nor unlawful, the court effectively limited the appellant's claim to constitutional redres
...continue readingCase Syllabus (G.R. No. 136448)
Case Overview
- Parties Involved:
- Plaintiff-Appellant: Mita Pardo de Tavera
- Defendants-Appellees: Philippine Tuberculosis Society, Inc., Francisco Ortigas, Jr., Miguel Canizares, Bernardo Pardo, Ralph Nubla, Midpantao Adil, Enrique Garcia, Alberto G. Romulo, and the current Board of Directors of the Society.
- Case Number: G.R. No. L-48928
- Decision Date: February 25, 1982
- Jurisdiction: Court of First Instance of Rizal and subsequently, the Supreme Court of the Philippines.
Factual Background
- Plaintiff's Professional Background:
- Mita Pardo de Tavera is a doctor of medicine and a specialist in tuberculosis treatment with continuous practice since 1945.
- She served as a member of the Board of Directors of the Philippine Tuberculosis Society, Inc., representing the Philippine Charity Sweepstakes Office since April 27, 1973.
- Removal from Position:
- On May 29, 1974, she was summarily removed from her position as Executive Secretary without being informed of the lawful cause, with her position declared vacant by the Board of Directors.
- She was replaced by Alberto Romulo, following a vote by the Board.
- Legal Action Initiated:
- Mita filed a complaint on March 23, 1976, alleging illegal removal, lack of qualification of certain board members, and seeking reinstatement and damages.
Legal Arguments
- Plaintiff's Claims:
- Alleged illegal removal from office, violation of rights under the Society's By-Laws, the Civil Code, and the Constitution.
- Sought compensation for material and moral da