Title : STA MARIA VS LOPEZ

Citation : G.R. No. L-30773

February 18, 1970
Ponente : SANCHEZ, J.:
Facts :
Petitioner Felixberto C. Sta.Mariawas the Dean, College of Education, University of the
Philippines (UP), and the the respondent Salvador P. Lopez the Univerity President.
Sta. Maria, a professor of English and Comparative Literature, was elected Dean of the College
of Education on May 5, 1967 by the Board of Regents, on nomination of the UP President. His
appointment as such Dean was for a five year term, "effective May 16, 1967 until May 17, 1972, unless
sooner terminated, with all the rights and privileges as well as the duties and obligations attached to the
position in accordance with the rules and regulations of the University and the Constitution and laws of
the Republic of the Philippines.
In February 1969, the graduate and undergraduate students of the UP College of Education
presented to President Salvador P. Lopez a number of demands having a bearing on the general
academic program and the physical plant and services, with a cluster of special demands. In response,
President Lopez created a committee which met with Sta. Maria regularly.
As a result of the dialogues and recommendations by Sta. Maria to the president, the students
were not appeased. The students went on to boycott their classes which infected the other colleges and
the newly installed members of the UP Student Council voted to support the education students' strike.
Until the day that all academic activity in the university came to a complete stand still so that the UP
President called a meeting of the faculty of the College of Education. Those present gave him a vote of
confidence (40 in favor, 7 abstained) to resolve the issue on hand as he sees fit.
Armed with the vote of confidence of the education faculty, President Lopez issued the transfer
order herein challenged, Administrative Order 77. Theorder, addressed to Dean Sta. Maria and
simultaneously appointed ad interim Professor Nemesio R. Ceralde as "acting Dean of the College of
Education, without additional compensation.

Issue:
Whether or not the transfer of Sta. Maria constitutes removal.

Held:
Yes, A transfer is a "movement from one position to another which is of equivalent rank, level or
salary, without break in service." Promotion is the "advancement from one position to another with an
increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in
salary."
A transfer that results in promotion or demotion, advancement or reduction or a transfer that
aims to "lure the employee away from his permanent position", cannot be done without the employee's
consent. For that would constitute removal from office. Indeed, no permanent unless the officer or
employee is transfer can take place unless the officer of the employee is first removed from the position
held, and then appointed to another position.
The transfer was a demotion. A demotion, because: First, Deanship in a university, being an
academic position which requires learning, ability and scholarship, is more exalted than that of a special
assistant who merely assists the President, as the title indicates. The special assistant does not make
authoritative decisions. Second. The position of dean is a line position where the holder makes
authoritative decisions in his own name and responsibility. A special assistant does not rise above the
level of staff position. Third. The position of dean is created by law, the university charter, and cannot be
abolished even by the Board of Regents. That of special assistant, upon the other hand, is not so
provided by law; it was a creation of the university president.
It will not avail respondents any to say that Sta. Maria retained "the rank of Dean". In actual
administrative practice, the terms "with rank of" dean is meaningless. He is no dean at all. He of course,
basks, in the trappings of the dean. A palliative it could have been intended to be. But actually he is a
dean without a college.