Sta Maria vs Lopez Case Digest

Title

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STA MARIA VS LOPEZ

Citation

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G.R. No. L-30773 February 18, 1970

Ponente

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Facts

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SANCHEZ, J.:

Petitioner Felixberto C. Sta.Mariawas the Dean, College of Education, University of the Philippines (UP), and the the respondent Salvador P. Lopez the Univerity President. Sta. Maria, a professor of English and Comparative Literature, was elected Dean of the College of Education on May 5, 1967 by the Board of Regents, on nomination of the UP President. His appointment as such Dean was for a five year term, "effective May 16, 1967 until May 17, 1972, unless sooner terminated, with all the rights and privileges as well as the duties and obligations attached to the position in accordance with the rules and regulations of the University and the Constitution and laws of the Republic of the Philippines. In February 1969, the graduate and undergraduate students of the UP College of Education presented to President Salvador P. Lopez a number of demands having a bearing on the general academic program and the physical plant and services, with a cluster of special demands. In response, President Lopez created a committee which met with Sta. Maria regularly. As a result of the dialogues and recommendations by Sta. Maria to the president, the students were not appeased. The students went on to boycott their classes which infected the other colleges and the newly installed members of the UP Student Council voted to support the education students' strike. Until the day that all academic activity in the university came to a complete stand still so that the UP President called a meeting of the faculty of the College of Education. Those present gave him a vote of confidence (40 in favor, 7 abstained) to resolve the issue on hand as he sees fit. Armed with the vote of confidence of the education faculty, President Lopez issued the transfer order herein challenged, Administrative Order 77. Theorder, addressed to Dean Sta. Maria and simultaneously appointed ad interim Professor Nemesio R. Ceralde as "acting Dean of the College of Education, without additional compensation.

Issue: Whether or not the transfer of Sta. Maria constitutes removal.

Held: Yes, A transfer is a "movement from one position to another which is of equivalent rank, level or salary, without break in service." Promotion is the "advancement from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary."

A transfer that results in promotion or demotion, advancement or reduction or a transfer that aims to "lure the employee away from his permanent position", cannot be done without the employee's consent. For that would constitute removal from office. Indeed, no permanent unless the officer or employee is transfer can take place unless the officer of the employee is first removed from the position held, and then appointed to another position. The transfer was a demotion. A demotion, because: First, Deanship in a university, being an academic position which requires learning, ability and scholarship, is more exalted than that of a special assistant who merely assists the President, as the title indicates. The special assistant does not make authoritative decisions. Second. The position of dean is a line position where the holder makes authoritative decisions in his own name and responsibility. A special assistant does not rise above the level of staff position. Third. The position of dean is created by law, the university charter, and cannot be abolished even by the Board of Regents. That of special assistant, upon the other hand, is not so provided by law; it was a creation of the university president. It will not avail respondents any to say that Sta. Maria retained "the rank of Dean". In actual administrative practice, the terms "with rank of" dean is meaningless. He is no dean at all. He of course, basks, in the trappings of the dean. A palliative it could have been intended to be. But actually he is a dean without a college.