099 Lopez v Ericta

099 Salvador Lopez (UP President), UP Board of Regents, Oseas Del Rosario v. Hon. Ericta GR L-32991 June 29, 1972 Topic: meetings of the board Concepts under VII.B.6 as applied: • Quorum: In this case, it was defined by the UP Charter to be - majority of all members holding office at the time BoR meeting is called • Who presides over meeting: In this case, BoR Chairman Tangco was presiding • As long as meeting has not yet adjourned, BoR can consider and reconsider (ie keep changing their minds) • Deliberative bodies have the right to reconsider actions FACTS • Ad interim appointment of Dr. Consuelo Blanco, by UP President Lopez • Position: Dean, College of Education • May 1970-April 1971, "unless sooner terminated and subject to approval of Board of Regents ("BoR") • May 26, 1970: BoR called a meeting to consider the ad interim appointment • Voted to defer action, because they wanted to further study, considering a petition submitted by majority of faculty and alumni opposing appointment of Blanco • July 9, 1970: BoR meeting to act on appointment • Chairman of BoR Tangco: "since the BoR has not taken action on the appointment of Blanco either adversely or favorably, her ad interim appointment is deem terminated" • Tangco ruling based on voting results: 5 in favor, 3 against, 4 abstain • Motion during BoR meeting was made to make the record of voting (above) not appear granted • BoR suddenly made a decision on the same meeting to just cancel the action (voting) that had been taken and to render the case to its original status - "action subject to further review" • Result of the meeting is still in the termination of Blanco appointment: "It cannot be said that BoR confirmed or did not confirm, but appointment terminates because BoR had met" - similar to when ad interim government appointments terminate during first session of Congress • Views on Abstain Vote • Lopez: abstain should be recorded in the affirmative since it indicated acquiescence • UP Charter provisions • Quorum of BoR: majority of all members holding office at the time BoR meeting is called • Dean of a college is elected by BoR on nomination by UP President W/N Blanco is Dean of College of Education - NO. She was not elected. Further, the July 9 meeting of the BoR effectively terminated her ad interim appointment.

1. Abstain Vote • Presumption of affirmative is merely prima facie, and not absolute • The minutes of the BoR meeting reveal: • Abstain was chosen to reject Blanco in a more diplomatic way, to lessen embarrassment of Lopez and Blanco • Final decision of BoR was to let Lopez talk to Blanco for the appointment to be withdrawn BoR thinking this would be more diplomatic rather than releasing an unfavorable decision

• The votes of abstentation, viewed in this setting, can in no way be construed as votes for confirmation of appointment (affirmative). BoR actions based on understanding that Lopez would settle things diplomatically with Blanco 2. Election of Dean • Blanco had not been validly elected as Dean... Further her appointment had been deemed terminated on the July 9 meeting • UP Charter provides: • BoR elects • President nominates • The President's function is only to nominate, not to extend an appointment, even if only ad interim • Power of BoR is not merely to confirm, but to elect or appoint • HENCE... Valid termination of appointment + no election of Blanco = Blanco not Dean 3. Validity of BoR actions + reconsideration of actions • The BoR having voted, and then having cancelled the action, is valid • "It cannot be seriously argued that the BoR had no authority to do what it did - the meeting had not yet been adjourned, the subject of the meeting had not yet been closed... and in the case of any deliberative body, the BoR had the right to reconsider its actions" • At the time of reconsideration (on same day, in same meeting), no title had yet been vested in Blanco