GR L 19066; (May, 1966) (Digest)
G.R. No. L-19066 May 31, 1966
JUANITO YARCIA, MELCHOR RARAS, ALFREDO G. ACENA, ET AL., plaintiffs and appellees, vs. ZOILO CASTRILLO, Director of Lands and APOLONIO QUIDILING, District Land Officer, Land District Office No. 3, defendants and appellants.
FACTS
The plaintiffs-appellees are civil service eligibles employed in various capacities at District Land Office No. 3 in Baguio City. The Director of Lands issued Special Order No. 10 on July 13, 1960, ordering their transfer to other provinces. Upon notification, the appellees filed an action for injunction in the Court of First Instance of Baguio City, claiming the order was void and their transfer constituted a virtual removal without cause. The appellants (the Director of Lands and the District Land Officer) defended the order, arguing the action was premature, the court lacked jurisdiction, the complaint was insufficient and defective for lack of proper verification and authorization, and that the appellees’ positions were not created by law but were mere items in the Appropriation Act, making them employees of the Bureau of Lands in general who could be assigned anywhere as service demands. The trial court declared Special Order No. 10 void and made permanent the preliminary injunction against its enforcement.
ISSUE
Whether the Director of Lands had the authority to issue Special Order No. 10 transferring the appellees, or if such authority resides solely with the Secretary of Agriculture and Natural Resources.
RULING
The Supreme Court affirmed the trial court’s decision, declaring Special Order No. 10 void. The Court held that the authority to transfer employees among bureaus or offices within a department is vested in the Department Head, not the bureau head, pursuant to Section 79(d) of the Revised Administrative Code. The Court noted that almost all of the appellees’ appointments were made by the Secretary of Agriculture and Natural Resources or his authorized executive assistant. Furthermore, under Section 550 of the same Code, which appellants cited, the Director of Lands, as a bureau chief, exercises general executive and administrative authority only “under the immediate control, direction, and supervision of the proper Department Head,” implying that any transfer of employees requires the Department Head’s authority and approval. Therefore, the Director of Lands acted without legal authority in ordering the transfers. The decision was affirmed without costs.