Santos vs Executive Secretary

GR 94070; April 10, 1992

Facts:
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
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 Santos should be 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.