099 Salvador Lopez (UP President), UP Board of Regents, Oseas Del Rosario v. Hon.

Ericta
GR L-32991
June 29, 1972

Topic: meetings of the board

Concepts under VII.B.6 as applied:

Quorum: In this case, it was defined by the UP Charter to be - majority of all members holding
office at the time BoR meeting is called
Who presides over meeting: In this case, BoR Chairman Tangco was presiding
As long as meeting has not yet adjourned, BoR can consider and reconsider (ie keep changing
their minds)
Deliberative bodies have the right to reconsider actions

FACTS
Ad interim appointment of Dr. Consuelo Blanco, by UP President Lopez
Position: Dean, College of Education
May 1970-April 1971, "unless sooner terminated and subject to approval of Board of Regents
("BoR")
May 26, 1970: BoR called a meeting to consider the ad interim appointment
Voted to defer action, because they wanted to further study, considering a petition submitted
by majority of faculty and alumni opposing appointment of Blanco
July 9, 1970: BoR meeting to act on appointment
Chairman of BoR Tangco: "since the BoR has not taken action on the appointment of Blanco
either adversely or favorably, her ad interim appointment is deem terminated"
Tangco ruling based on voting results: 5 in favor, 3 against, 4 abstain
Motion during BoR meeting was made to make the record of voting (above) not appear -
granted
BoR suddenly made a decision on the same meeting to just cancel the action (voting) that
had been taken and to render the case to its original status - "action subject to further
review"
Result of the meeting is still in the termination of Blanco appointment: "It cannot be said that
BoR confirmed or did not confirm, but appointment terminates because BoR had met" - similar
to when ad interim government appointments terminate during first session of Congress
Views on Abstain Vote
Lopez: abstain should be recorded in the affirmative since it indicated acquiescence
UP Charter provisions
Quorum of BoR: majority of all members holding office at the time BoR meeting is called
Dean of a college is elected by BoR on nomination by UP President

W/N Blanco is Dean of College of Education - NO. She was not elected. Further, the July 9
meeting of the BoR effectively terminated her ad interim appointment.

1. Abstain Vote
Presumption of affirmative is merely prima facie, and not absolute
The minutes of the BoR meeting reveal:
Abstain was chosen to reject Blanco in a more diplomatic way, to lessen embarrassment of
Lopez and Blanco
Final decision of BoR was to let Lopez talk to Blanco for the appointment to be withdrawn -
BoR thinking this would be more diplomatic rather than releasing an unfavorable decision
 The votes of abstentation, viewed in this setting, can in no way be construed as votes for
confirmation of appointment (affirmative). BoR actions based on understanding that Lopez would
settle things diplomatically with Blanco

2. Election of Dean
Blanco had not been validly elected as Dean... Further her appointment had been deemed
terminated on the July 9 meeting
UP Charter provides:
BoR elects
President nominates
The President's function is only to nominate, not to extend an appointment, even if only ad
interim
Power of BoR is not merely to confirm, but to elect or appoint
HENCE... Valid termination of appointment + no election of Blanco = Blanco not Dean

3. Validity of BoR actions + reconsideration of actions

The BoR having voted, and then having cancelled the action, is valid
"It cannot be seriously argued that the BoR had no authority to do what it did - the meeting had
not yet been adjourned, the subject of the meeting had not yet been closed... and in the case of
any deliberative body, the BoR had the right to reconsider its actions"
At the time of reconsideration (on same day, in same meeting), no title had yet been vested in
Blanco