Title
Gloria vs. Court of Appeals
Case
G.R. No. 119903
Decision Date
Aug 15, 2000
Dr. Icasiano's indefinite reassignment as Schools Division Superintendent was ruled a violation of his security of tenure, constituting constructive removal, affirmed by the Supreme Court.
petitioner
respondent
reassignment

Case Summary (G.R. No. 119903)

Factual Background

On June 29, 1989, private respondent was appointed Schools Division Superintendent of Quezon City. On October 10, 1994, Secretary Gloria recommended that private respondent be reassigned to the position of Vocational Schools Superintendent of the Marikina Institute of Science and Technology ("MIST") to fill a vacancy created by retirement. The President approved the recommendation on October 12, 1994. Secretary Gloria transmitted the approval to Director Rosas on October 13, 1994. Director Rosas informed private respondent of his reassignment on October 14, 1994, effective October 17, 1994. Private respondent asked Secretary Gloria to reconsider, but the request was denied. Private respondent prepared a letter to the President dated October 18, 1994 seeking reconsideration but refrained from filing it, and filed a petition on October 19, 1994.

Procedural History in the Court of Appeals

Private respondent sought injunctive relief from the Court of Appeals. On October 26, 1994, the Court of Appeals first denied the prayer for a temporary restraining order. On November 22, 1994, it set aside that resolution and restrained petitioners from implementing the reassignment. On December 21, 1994, it scheduled hearing on the petition for preliminary injunction and again enjoined implementation. On March 28, 1995, the Court of Appeals declared the reassignment violative of private respondent's right to security of tenure and prohibited respondents from implementing the reassignment.

Issues Presented to the Supreme Court

The principal issue presented to the Supreme Court was whether the reassignment of private respondent from Schools Division Superintendent of Quezon City to Vocational Schools Superintendent of MIST violated his security of tenure. Petitioners advanced subsidiary issues that the Court of Appeals had allowed private respondent to circumvent presidential immunity from suit and that the Court of Appeals decided a question of substance contrary to applicable law and precedent.

Petitioners' Contentions

Petitioners contended that the reassignment did not infringe security of tenure because it was temporary and only meant to last until appointment of a new MIST superintendent. They argued that the proceedings impermissibly questioned an act of the President, invoking the doctrine of presidential immunity from suit, and that the Court of Appeals lacked authority to grant the relief sought because the petition purportedly attacked a presidential act. Petitioners also asserted that private respondent failed to show that petitioners acted beyond their jurisdiction in the exercise of judicial or ministerial functions.

Respondent's Contentions and Court of Appeals' Rationale

Private respondent maintained that the reassignment was indefinite and constituted an unconsented transfer tantamount to constructive removal in violation of security of tenure. The Court of Appeals found that the reassignment lacked a fixed period and contained no objective from which temporariness could be inferred. It relied on the memorandum of Secretary Gloria recommending the reassignment as one that would "best fit his qualifications and experience," and concluded that such language implied permanence rather than temporariness. The Court of Appeals applied the doctrine in Bentain v. Court of Appeals, holding that an indefinite reassignment that effects a reduction in rank, status, or salary is in substance a constructive removal and therefore violative of security of tenure.

Supreme Court's Analysis on Presidential Immunity and Justiciability

The Supreme Court rejected petitioners' argument that the proceedings impermissibly attacked the President. The Court observed that the petition was directed against petitioners and not against the President. It reaffirmed that presidential decisions remain subject to judicial review when grave abuse of discretion is alleged or when the President acted without or in excess of jurisdiction, citing Medrana v. Office of the President, 188 SCRA 818, 824. The Court further noted that petitioners had characterized their act as ministerial and admitted they were bound to implement the presidential order, which reinforced the availability of judicial relief where grave abuse of discretion was alleged.

Supreme Court's Analysis on Security of Tenure and Reassignment

The Supreme Court agreed with the Court of Appeals that the reassignment "appears to be indefinite." It found persuasive the memorandum of Secretary Gloria recommending a reassignment that would "best fit his qualifications and experience" and observed that nothing in that memorandum indicated temporariness or a fixed duration. The Court held that an assignment without a specified period, especially one describing the transferee as fit for the new post, may constitute more than a temporary transfer and may be a preliminary step toward removal. The Court cited Bentain v. Court of Appeals, 209 SCRA 644, and related authorities emphasizing that security of tenure protects employees from unconsented tr

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