Case Summary (G.R. No. 93711)
Background and Appointments
On March 22, 1988, Dr. Marohombsar was designated as Officer-in-Charge of the Office of the Vice-Chancellor for Academic Affairs while concurrently holding the position of Vice-President for External Studies. This dual role transitioned on January 2, 1989, when her previous position merged into the responsibilities of the Vice-Chancellor for Academic Affairs, leading to her formal appointment as Acting Vice-Chancellor for Academic Affairs, which was approved by the MSU Board of Regents on May 16, 1989.
Actions Leading to the Dispute
On May 14, 1990, MSU President Ahmad E. Alonto attempted to reassign Dr. Marohombsar to a newly created position as Vice-President for Academic Affairs, which she rejected, citing ongoing commitments in her current role. Subsequently, on May 16, 1990, the President appointed Professor Macacuna Moslem as Vice-Chancellor for Academic Affairs, who did not accept the position. Following this, on May 28, 1990, Corazon Batara was designated as Officer-in-Charge of the Office.
Legal Contention
Dr. Marohombsar challenged her removal, contending that her position was permanent, thus rendering any termination without cause illicit under applicable laws. She cited Resolution No. 59, S. 1989, which endorsed her appointment as Acting Vice-Chancellor effective until revoked by appropriate authority—implying the Board of Regents' role in such actions.
Nature of the Appointment
The Court recognized that while acting appointments possess a temporary character and can typically be revoked without cause, the unique circumstances of Dr. Marohombsar's tenure necessitated a closer examination. Despite being designated as an acting official, the context of her appointment and the associated implications of her long-term commitment to the university indicated a potential violation of the security of tenure principles enshrined in the Constitution and Civil Service Law.
Examination of Process
The Court examined the relevance of the MSU Code of Governance, which mandates that any designation by the MSU President must be reported to the Board of Regents within a stipulated timeframe to ensure such designation is valid. The principle of security of tenure would not allow positions to be capriciously and indefinitely transformed from permanent to temporary by administrative maneuvering.
Respondent's Arguments and Court's Findings
The respondents argued that Dr. Marohombsar’s continuous permanent appointment as a professor negated the permanence of her administrative role as Vice-Chancellor. However, the Court refuted this by emphasizing established precedents, indicating that administrative positions such as deans and directors cannot be unconstitutionally restricted in tenure.
Court's Decision
In light of these findings, the Court grant
...continue readingCase Syllabus (G.R. No. 93711)
Case Background
- The case revolves around the petition of Dr. Emily M. Marohombsar challenging her removal from the position of Acting Vice-Chancellor for Academic Affairs at the Mindanao State University (MSU) Marawi Campus.
- Dr. Marohombsar was designated to the position on March 22, 1988, while concurrently holding the role of Vice-President for External Studies.
- On January 2, 1989, the Office of the Vice-President for External Studies was merged with the Office of the Vice-Chancellor for Academic Affairs, consolidating her functions.
- The Board of Regents of MSU formally approved her appointment as Acting Vice-Chancellor on May 16, 1989.
Sequence of Events Leading to the Petition
- On May 14, 1990, Ahmad E. Alonto, MSU President, sought to reassign Dr. Marohombsar to a different role as Vice-President for Academic Affairs, which she declined due to ongoing projects in her current role.
- Following her refusal, on May 16, 1990, Professor Macacuna Moslem was designated as Vice-Chancellor but did not accept.
- Subsequently, on May 28, 1990, Special Order No. 158-P designated Corazon Batara as Officer-in-Charge of the OVCAA, prompting Dr. Marohombsar to file the current petition.
Legal Issues Presented
- The primary legal issue presented is whether Dr. Marohombsar, appointed in an acting capacity, could be removed without cause.
- The Court issued a temporary restraining order on June 21, 1990, preventing the enforcement of the special or