G.R. No. L-12220; August 8, 1960
PAULINO J. GARCIA, ET AL., petitioners, vs. PANFILO LEJANO, ET AL., respondents.

FACTS

Respondent Panfilo Lejano was appointed Chief of the Rizal Provincial Hospital effective November 21, 1947. On September 18, 1954, he was relieved of his duties via Special Order No. 9 and directed to proceed to Bohol, but upon his protest, he was instead directed to report to the central office. He was detailed in the central office and later to the North General Hospital. During this period, attempts were made to assign him as Chief of the Bulacan Provincial Hospital. An order from the President limited his detail outside the Rizal Provincial Hospital to “not beyond August 31, 1955.” However, on August 29, 1955, he was appointed Acting Senior Medical Supervisor and Statistician of the Bureau of Hospitals, effective the same date. Lejano declined this appointment and reiterated his desire to resume his duties as Chief of the Rizal Provincial Hospital. He was then ordered to show cause for insubordination. The Director of Hospitals stated Lejano could not be returned to his original post because he had been definitely appointed to a position in the central office. Lejano filed an action for quo warranto, alleging his removal was without legal cause. The Court of First Instance dismissed the complaint, but the Court of Appeals reversed the decision.

ISSUE

Whether the transfer/appointment of Lejano from Chief of the Rizal Provincial Hospital to Acting Senior Medical Supervisor and Statistician of the Bureau of Hospitals, without his consent and without cause, constitutes an illegal removal from his position in the unclassified service.

RULING

Yes. The Supreme Court affirmed the decision of the Court of Appeals. The position of Chief of the Rizal Provincial Hospital is in the unclassified service, from which an incumbent cannot be removed except for cause as provided by the Constitution and the Revised Administrative Code. The Court found that the real intention of the petitioners was to remove Lejano from his position, as evidenced by the sequence of events: the initial relief order, the subsequent details, and the eventual new appointment he declined. This transfer, made without his consent and without valid cause, was tantamount to removal and was therefore invalid. The appointment of Dr. Pedro N. Mayuga to replace him was likewise without legal effect. Lejano was ordered reinstated to his position as Chief of the Rizal Provincial Hospital with entitlement to all appurtenant emoluments and privileges.