208 SCRA 74 Political Law Control Power Removal Power Ambassadors

Rosalinda Santos was an ambassadress sent to Geneva for a mission. On her trip,
she bought a discounted ticket which provided that she could bring someone with
her so she brought with her her adopted daughter. Some of her co-workers
complained because they thought that Santos used government fund to finance her
daughters fare. It was later found out that the cost of the said ticket is actually 50%
less than the amount that was given to Santos to be used for her expenses for the
trip. Nevertheless, because of her refusal to appear before the disciplinary board,
she was found guilty of misconduct. Upon her appeal to the Office of the President
and after review, then president Corazon Aquino issued Administrative Order No.
122 which declared Santos guilty of dishonesty. She was then removed from her
post and was replaced.

ISSUE: Whether or not Santos should reinstated to her office.

HELD: No. Even though the Supreme Court found evidence which showed that
Santos was not guilty of misconduct or dishonesty as in fact what she did of securing
a ticket which was 50% the cost of what was allotted for her travel expense for
tickets and thus was beneficial to the government (for she helped save and lessen
the expenses), the SC does not have the power to reverse the recall done to Santos.
She cannot be reinstated by the SC to her position for the removal power of the
president is solely her prerogative. Further, the position held by Santos is primarily
confidential. Her position lasts upon the pleasure of the president. When the
pleasure turns into displeasure she is not actually removed from her position or office
but rather her term merely expires. Also, her position involves foreign relations which
is vested solely in the executive. The SC cannot inquire upon the wisdom or
unwisdom of the exercise of such prerogative. Thus, the assignment to and recall
from posts of ambassadors are prerogatives of the President, for her to exercise as
the exigencies of the foreign service and the interests of the nation may from time to
time dictate.