G.R. No. 93711 ; February 25, 1991
DR. EMILY M. MAROHOMBSAR, petitioner, vs. AHMAD E. ALONTO, JR., in his capacity as President of the Mindanao State University, and CORAZON BATARA, respondents.

FACTS

Petitioner Dr. Emily M. Marohombsar, a career official at Mindanao State University (MSU) for over 27 years, was appointed Acting Vice-Chancellor for Academic Affairs (OVCAA) of MSU Marawi on January 2, 1989, following the merger of her former permanent position as Vice-President for External Studies with the OVCAA. The MSU Board of Regents confirmed this designation on May 16, 1989, via a resolution stating it was effective until revoked. On May 28, 1990, respondent MSU President Ahmad E. Alonto, Jr. issued Special Order No. 158-P designating respondent Corazon Batara as Officer-in-Charge of the OVCAA, effectively removing Marohombsar. The President had earlier offered Marohombsar a different position, which she declined. Marohombsar challenged her removal, asserting her appointment was permanent and she could only be removed for cause after hearing. The Court issued a temporary restraining order against the implementation of Special Order No. 158-P.

ISSUE

Whether petitioner, appointed in an acting capacity, may be removed from office without cause.

RULING

The Supreme Court granted the petition, ruling that Marohombsar could not be removed without cause and must be reinstated. While an appointment in an acting capacity is generally temporary and revocable at will, the Court examined the true nature of the appointment to prevent circumvention of the constitutional security of tenure. The factual circumstances revealed that Marohombsar’s “acting” designation was a device that effectively abolished her previous permanent position as Vice-President for External Studies and placed her in a temporary status in the merged office, thereby stripping her of permanent tenure. This maneuver violated the security of tenure principle. The Court emphasized that the nomenclature of “acting” does not automatically govern if the appointment functions as a permanent one in substance. Furthermore, the MSU President lacked the unilateral authority to revoke the designation, as the Board of Regents’ original resolution controlled, and the subsequent Special Order replacing her was unapproved by the Board. The proffered reassignment was effectively a demotion, which she validly rejected. The motion to cite respondent Alonto for contempt for submitting the Special Order to the Board after the TRO was denied but he was admonished. Marohombsar was declared the lawful permanent occupant of the position.