G.R. No. L-30773 February 19, 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 Arts and Sciences at the University of the Philippines. His term, fixed at five years, could be “sooner terminated.” He was removed from his position following student protests and discontent described as immoderate and belligerent. Charges, not trivial in character, were lodged against petitioner reflecting on his performance. The University administration, aiming to resolve a critical impasse, terminated his deanship without a formal hearing. Petitioner contends his removal violated procedural due process.

ISSUE

Whether the removal of petitioner from his position as Dean without a formal hearing violated his right to procedural due process.

RULING

Yes. The Supreme Court, through the concurring opinion of Justice Fernando, held that procedural due process was not observed in petitioner’s removal. While the University administration acted in good faith to resolve an emergency situation, the purest of motives does not justify deviation from the law. The Constitution is supreme and its mandates, including due process, are controlling at all times and under all circumstances, even during emergencies. Although petitioner’s fixed term could be “sooner terminated,” the act of relieving him summarily after accusations were made against him, without the formal hearing due process entitles him to, was constitutionally infirm. A public office is property for purposes of the due process guaranty, and its occupant cannot be deprived of it save in accordance with constitutional dictates. The decision is solidly buttressed by a long line of authoritative pronouncements protecting security of tenure. The petition was granted.