G.R. No.

L-30773 February 18, 1970

FELIXBERTO C. STA. MARIA, petitioner,

vs.
SALVADOR P. LOPEZ, THE BOARD OF REGENTS OF THE UNIVERSITY OF THE PHILIPPINES, and
NEMESIO CERALDE, respondents.

V.E. del Rosario and Associates and Atienza, Tabora & del Rosario for petitioner.

Office of the Solicitor General Felix V. Makasiar, Solicitor Bernardo P. Pardo and Special Counsel Perfecto V.
Fernandez for respondents Salvador Lopez, et al.

Crispin D. Baizas for respondent Nemesio Ceralde

SANCHEZ, J.:

FACTS:

Felixberto Sta. Maria, professor of English and comparative literature (formerly principal of UP Baguio College),
was elected principal of the College of Education by the Board of Regents on May 5, 1967 upon the nomination of
UP president. His appointment as dean was for a term of five years, "commencing from May 16, 1967 until May 17,
1972, unless earlier terminated, with full rights, privileges and obligations." duties attached to the position according
to the rules and regulations of the school as well as the Constitution and laws of the Republic of the Philippines.
Graduate and undergraduate students of the UP College of Education presented several demands to President
Salvador P. Lopez on affecting the general academic program and physical classrooms, facilities and services, with a
series of special requests. In response, President Lopez established a committee of eight graduate students.

But the students were not appeased. For Dean Sta. Maria According to them, did not meet some of their demands.
Respondents indicated that during meetings of the Graduate Education Committee, Dean Sta. Maria was not on the
agenda and did not consult with the lecturer about some of the students' requests. The Education Graduate Student
Organization continued to skip class on July 17. The President met with the College of Education faculty members
and the representatives of the striking students. Other colleges caught the boycott fever. The newly elected members
of the UP-Student Council decided to support the education students' strike on July 22, 1969. On July 23, the main
thoroughfares leading to the university gates were blocked off, buses were not allowed to enter, and students were
encouraged to join the strike. This led to a complete halt in all academic activities at the institution that day. The
faculty of the College of Education was called to a meeting by the president of UP.

Those present expressed confidence in him to resolve the issues at hand as he saw fit (40 votes in favor, 7 did not
vote). Armed with the College of Education's vote of confidence, on the same day, July 23, 1969, President López
issued Executive Order 77, the transfer order hereby condemned. This order was addressed to the Dean Sta. Maria
also appointed Professor Nemesio R. Seralde as "acting dean of the College of Education without additional
compensation."
ISSUES:

Whether or not Sta. Maria's transfer was a dismissal

Whether or not Sta. Maria was actually demoted, not just transferred
Whether or not the lack of a formal hearing violated his due process rights

HELD:

1. NO. There are transfers that do not comprise referrals. Some of these transfers can be made without an
direct charge, without a trial or hearing, and even without the employee's consent. Clues to such transfers
can be found in <the nature of the appointment. In cases where the appointment does not indicate a specific
appointment, the employee may be transferred or reappointed Provided that such transfer does not affect
any significant change in title, rank and salary.

2. YES. The transfer of the petitioner from the position of Dean of the Faculty of Education to the position of
the President of the respondent UP as Special Assistant for Information and Public Relations was a
demotion. The dean position is a hierarchical position in which the incumbent makes authoritative
decisions in his or her own name and under his or her own responsibility. Special assistants may not exceed
the rank of the staff position.

3. YES. The transfer can only be a conspiracy to conceal the dismissal, and this cannot be justified on grounds
of good reason. As amended, the Civil Service Act provides that <if an employee believes that a transfer is
unjustified, he may appeal his case. . . and pending the appeal and determination thereof, his transfer shall
be suspended. Protests and boycotts are expressions of that activity protected by the Constitution. But there
are limits, we must not violate the rights of others. A state of emergency cannot justify disrespect for
constitutional rights