Case Summary (G.R. No. 78623)
Applicable Law
The governing laws in this case include Presidential Decree No. 944 and Presidential Decree No. 1437, which outline the governance structures and powers of chartered state colleges in the Philippines. These decrees empower the Board of Trustees to appoint vice-presidents and define their roles, including the stipulation that their terms are potentially separate from that of the college president.
Background of the Vice Presidency
Dr. Triste's appointment as Vice-President was formally confirmed by the Board via Resolution No. 53 on February 3, 1984, which also specified her compensation. The role required confirmation by the Board of Trustees, and though the position did not appear in initial college documents, it was later classified correctly under the college's plantilla as "Professor 6 (Vice-President)."
Change in Board Composition and Petitioner's Concerns
A significant administrative change occurred in February 1986 when Dr. Flores became the officer-in-charge after the retirement of the previous president. Anticipating her removal, Dr. Triste preemptively submitted a position paper asserting that the position of Vice-President was not vacant and that her appointment was independent of the college president's term.
Removal from Office
On August 19, 1986, Dr. Triste was officially notified that Dr. Chan-Gonzaga was appointed to her former position, effectively removing her as Vice-President. Following this action, Dr. Triste filed a petition for reconsideration citing violations of her rights to security of tenure. The Board’s response indicated that the Vice-President's position was considered "honorific" and co-terminous with the president's.
Appeal and Review Committee Decision
Dr. Triste's appeal to the Review Committee of the Ministry of Justice claimed procedural improprieties in her removal, alleging a lack of due process and insufficient grounds for her ouster. The Review Committee dismissed her appeal on the grounds that it was filed too late; however, Dr. Triste contended that she had not received the necessary documents to substantiate her appeal prior to the dismissal.
Judicial Relief Sought
As a result of her appeal's dismissal and her allegations of due process violations, Dr. Triste filed a petition for certiorari, claiming that administrative remedies were exhausted due to these procedural defects. She argued that her replacement lacked a legal and statutory basis and that the process used to replace her did not adhere to the requirements of Executive Order No. 17.
Court's Findings and Ruling
The court found it unnecessary to exhaust further administrative remedies given the evident legal questions raised, pa
...continue readingCase Syllabus (G.R. No. 78623)
Case Overview
- The case revolves around a petition for certiorari filed by Dr. Ofelia P. Triste challenging the decision of the Leyte State College Board of Trustees that ousted her from the position of Vice-President and replaced her with Dr. Crescencia V. Chan-Gonzaga.
- The petition also contests the resolution of the Review Committee under Executive Order No. 17, which dismissed her appeal regarding her removal.
Background of Leyte State College
- Leyte State College, originally the Leyte Normal School, serves as a teacher-training institution in Eastern Visayas, Masbate, and Surigao.
- It was converted into a chartered state college by Presidential Decree No. 944 on June 14, 1976, granting governance and administration powers to the Board of Trustees and the President of the College.
Legal Framework
Presidential Decree No. 944:
- Section 4 states governance is vested in the Board of Trustees and the President.
- Section 6(c) allows the Board to appoint a Vice-President for Academic Affairs on the recommendation of the President.
- The Vice-President is to assist in administration and automatically assume the presidency in the absence of the President.
Presidential Decree No. 1437:
- Promulgated on June 10, 1978, it defines the composition and powers of governing boards of chartered state colleges and their presidents.
- Section 3(f) includes powers to confirm appointments of vice-presidents, deans, and other officials.
Appointment of Dr. Triste
- On February