GR 30773 Barredo (Digest)
G.R. No. L-30773 February 18, 1970
FELIXBERTO C. STA. MARIA, petitioner, vs. SALVADOR P. LOPEZ, THE BOARD OF REGENTS OF THE UNIVERSITY OF THE PHILIPPINES, and NEMESIO CERALDE, respondents.
FACTS
Petitioner Felixberto C. Sta. Maria was the Dean of the College of Education of the University of the Philippines. Respondents Salvador P. Lopez and the Board of Regents issued an order permanently transferring petitioner from his deanship to the position of Special Assistant in the Office of the President, with the rank of dean and without reduction in salary. This transfer was prompted by student demands and a chaotic situation within the University. Petitioner challenges this transfer as a violation of his constitutional right to security of tenure. Respondent Nemesio Ceralde was appointed in an ad interim capacity to the deanship.
ISSUE
Whether the permanent transfer of petitioner from Dean of the College of Education to Special Assistant in the Office of the President, under the circumstances, is valid and complies with the requirements of the Civil Service Act and the Constitution.
RULING
The concurring and dissenting opinion of Justice Barredo agrees with the main opinion that the permanent transfer order is invalid for non-compliance with Section 32 of the Civil Service Act of 1959, as the new position cannot be considered as not a reduction in rank. Therefore, petitioner remains the Dean of the College of Education, and the appointment of respondent Ceralde is void. However, Justice Barredo disagrees with completely setting aside the order. He posits that the order should be construed as a temporary detail, not a permanent transfer, given the emergency and temporary character invoked by the respondents to meet a university crisis. He votes to uphold the order only as a temporary detail of petitioner to the Office of the President, without removing him as Dean, until the Board of Regents acts on his petition, thereby removing him from the controversy while utilizing his qualifications elsewhere in the University.