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 elected Dean of the College of Education, University of the Philippines (UP), for a five-year term effective May 16, 1967, to May 17, 1972. In February 1969, graduate and undergraduate students of the College presented demands to UP President Salvador P. Lopez concerning academic programs, physical plant, and services. A committee was formed, and dialogues were held with Dean Sta. Maria. While the Dean reported steps taken and recommended improvements, students claimed he failed to act on significant demands, including the abolition of foreign language requirements and comprehensive examinations, and the formulation of policies on faculty selection and thesis advising. On July 16, 1969, student leaders reported to President Lopez that the Dean had ignored key demands, leading to confusion and demoralization. The students threatened a boycott. Despite a meeting called by the President on July 17, the Education Graduate Student Organization boycotted classes, demanding the Dean’s ouster. The faculty, in a meeting on July 22, resolved to recognize the Dean’s right to his position and not to endorse the demand for his forced resignation. However, the boycott spread, and on July 23, academic activity in the university came to a standstill. That morning, the faculty gave President Lopez a vote of confidence to resolve the issue. On the same day, July 23, 1969, President Lopez issued Administrative Order No. 77, transferring Dean Sta. Maria from the College of Education to the Office of the President as Special Assistant with the rank of Dean, without reduction in salary, “in the interest of the service.” Simultaneously, Professor Nemesio R. Ceralde was appointed Acting Dean. Sta. Maria immediately requested a formal investigation and reconsideration by the Board of Regents. The Board, in a special meeting on July 25, confirmed the transfer and appointment but granted Sta. Maria a chance to be heard. At the July 29 meeting, Sta. Maria, through counsel, challenged the Board’s jurisdiction unless the transfer order was first revoked. Sta. Maria then filed this petition for certiorari, prohibition, and mandamus.

ISSUE

The primary issue is the validity of the transfer of petitioner Felixberto C. Sta. Maria from his post as Dean of the College of Education to Special Assistant in the Office of the UP President.

RULING

The Supreme Court dismissed the petition, upholding the validity of the transfer order. The Court ruled that the transfer was a valid exercise of administrative discretion by the UP President, done “in the interest of the service” to address a critical emergency that had paralyzed the university. The Court found that the President acted within his authority under the University Code and the Civil Service Law. The transfer was deemed an administrative, not a disciplinary, action; therefore, a prior hearing was not required. The emergency situation, characterized by a complete shutdown of classes and a crisis of confidence in the College’s leadership, justified immediate action to restore normal university operations. The Court also noted that the transfer did not affect Sta. Maria’s tenure as a professor, only his administrative position, and was without reduction in salary. The Board of Regents’ subsequent confirmation of the order was proper. The petition for certiorari, prohibition, and mandamus was without merit.