Case Summary (G.R. No. L-32991)
Background of the Case
The case arose from a dispute regarding Dr. Blanco's appointment as Dean of the College of Education, which was initially made ad interim by President Lopez and subject to the Board of Regents’ approval. Following her appointment on May 1, 1970, there were objections from some members of the faculty and alumni, prompting the Board to defer its decision on her continued appointment. After a series of meetings and deliberations, the Board voted on July 9, 1970, but did not confirm her appointment, resulting in her claim of being duly elected as Dean being contested.
Meeting of July 9, 1970
During the July 9, 1970 meeting, President Lopez's ad interim appointment of Dr. Blanco was discussed. The minutes from the meeting highlighted uncertainty regarding the Board's position on her appointment, particularly following a vote that yielded five affirmative votes, three against, and four abstentions. The Board ultimately chose to suspend action on the appointment, effectively terminating Dr. Blanco’s ad interim position as Dean.
Legal Arguments and Judicial Precedents
Both parties presented extensive arguments regarding the legal implications of the Board's vote and whether abstentions should be treated as affirmative or negative votes. The petitioners asserted that counting abstentions as affirmative votes could allow a minority to elect a Dean, which would be counterintuitive. In contrast, Dr. Blanco's position emphasized that abstentions should signal acquiescence to the majority.
Court's Findings on Board Procedures
The Court examined the proceedings of the Board of Regents, concluding that the attempts to frame the vote and subsequent actions were not adequately handled. The Court noted that the decision to suspend action represented a thoughtful reconsideration of the matter, reaffirming that the Board possessed the authority to reconsider and rescind any previous position before the adjournment of the meeting.
Final Decision and Legal Consequences
The Supreme Court reversed the decision of the lower court, ruling that Dr. Blanco was not duly elected to her position as Dean. The ad interim appointment had been tenuous, and upon comprehensive examination of the Board's deliberations and the voting results, it was clear that there had not been sufficient support to el
...continue readingCase Syllabus (G.R. No. L-32991)
Background of the Case
- The case centers on the validity of the election of Dr. Consuelo S. Blanco as Dean of the College of Education at the University of the Philippines, which was purportedly decided during a meeting of the Board of Regents on July 9, 1970.
- The petitioners include Salvador P. Lopez, the University President, the Board of Regents, and Oseas del Rosario, who was appointed Officer-in-Charge of the College of Education.
- The respondents are Judge Vicente Ericta and Dr. Consuelo S. Blanco, the latter having originally filed a petition for certiorari alleging her rightful election as Dean.
Proceedings in Lower Court
- Dr. Blanco's petition for certiorari was originally filed in the Court of First Instance of Quezon City, where Judge Vicente Ericta ruled in her favor on December 3, 1970.
- The ruling was later amended on December 6, 1970, which included:
- Declaring Dr. Blanco as the duly elected Dean with a three-year term from May 1, 1970, to April 30, 1973.
- Nullifying Oseas del Rosario's appointment as Officer-in-Charge.
- Issuing a permanent injunction against del Rosario and the Board of Regents regarding the appointment of another Dean.
Appeal and Injunction
- The case reached the Supreme Court through an appeal by certiorari filed on January 5, 1971, by the petitioners.
- On January 11, 1971, the Supreme Court issued a writ of preliminary injunction to halt the executi