Memorandum of Law

Republic of the Philippines

REGIONAL TRIAL CORT
Re!ion I"
#ranch $$% &amboan!a Cit'
(R) A% Plaintif Civil
Case No:______
-versus- For declaratory
relief
TORATORA *TATE NI+ER*IT,, Defendant
x--------------------------x
MEMORAN(M -OR PLAINTI--
Plaintif, by counsel, respectfully states that:
*TATEMENT O- T.E CA*E
This is an action that focuses on the vice-presidency of
Tora-tora University !t see"s to annul and set aside the
decision of the #oard of Trustees of said university
oustin$ the petitioner %ith private respondent The fact
and la% in &uestion here is the desi$nation of 'r ( for
the position of )ice-President for *esearch and +xtension
of the university
*TATEMENT O- T.E -ACT*
Tora-tora ,tate University is a chartered state
university and in accordance %ith P' No -./0, the
#oard of Trustees has the po%er to con1r2 appoint2ents
of )ice President and other oficial of the school 'r (
%as 3desi$nated4 as the )ice President for *esearch and
+xtension of Tora-tora ,tate University 5is 3desi$nation4
to the position %as afir2ed by the #oard of the
University Three 2onths after the desi$nation, 'r ( %as
pro2oted as 3Professor )!4 of Tora-tora ,tate University
*e$ardless of the pro2otion, 'r ( continued to %or"ed
as the )ice President of the University and re&uired to
have special per2ission fro2 the University President to
have teachin$ loads outside ofice hours 6oreover, he
continued to receive the 2onthly *(T( provided for the
)ice President of the University
5o%ever, after a fe% 2onths fro2 the date of 'r
1
(7s appoint2ent as Professor )!, the #oard of Trustees
appointed 'r # as the ne% )ice President for *esearch
and +xtension of the Tora-tora University 'r (
challen$ed the said appoint2ent of 'r #, he assailed that
he %as dis2issed of the said position %ithout due
process The #oard of Trustees ans%ered that the vice
presidency position %as open because 'r ( %as only
desi$nated and not appointed to the said position8 thus
'r ( is in a 2ere te2porary position Further 2ore, 'r (
%as pro2oted to the position of Professor )!, his
pro2otion to Professor )! revo"ed her ri$hts to hold the
position of the )ice President
I**E*
There are t%o issues in this case based fro2 the $iven
facts and circu2stances:
9-: ;hether or not appoint2ent to ofice is in fact
desi$nation to ofice
9<: ;hether the plaintif 2ay exercise le$al re2edy
%ithout exhaustin$ all possible ad2inistrative re2edies
in her clai2
ARGMENT*
9-: 3(ppoint2ent4 is in fact and efect the sa2e %ith
3desi$nation4
The ans%er is in the afir2ative, an appoint2ent is the
act of desi$nation by the executive oficer, board or body
to %ho2 that po%er has been dele$ated, of the individual
%ho is to exercise the function of a $iven ofice
!n the case of Borromeo v Mariano
1
, this court, throu$h
=ustice 6alcol2, noted that 3all authorities unite in
sayin$ that the ter2 3appoint4 is %ell-"no%n and %hether
re$arded in its le$al or in its ordinary acceptation, is
applied to the no2ination or desi$nation of an individual
!n the case of Appari v Court of Appeals
<
,
3appoint2ent4 is that act of desi$nation by the executive
oficer, board or body, to %ho2 that po%er has been
dele$ated, of the individual %ho is to exercise the
functions of a $iven ofice >n the other hand, there is
?urisprudence to the efect that the %ord 3desi$nate4
%hen used by the appointin$ po%ered in 2a"in$ an
1
Borromeo v Mariano, G. R. No. 16808 January 3, 1921
2
Appari v Court of Appea!, G.R. No. "#300$% January 31, 198&
2
appoint2ent to ofice, is e&uivalent to the %ord
3appoint4 Co22on usa$e, ho%ever, oftenti2es puts a
distinction bet%een the ter2s 3appoint2ent4 and
3desi$nation4 Perhaps, the reason for this is that the
%ord 3appoint2ent4 connotes per2anency %hile
3desi$nation4 i2plies te2porariness Thus, to 3desi$nate4
a public oficer to another position 2ay 2ean to vest hi2
%ith additional duties %hile he perfor2s the functions of
his per2anent ofice >r, in so2e cases, a public oficer
2ay be 3desi$nated4 to a position in an actin$ capacity as
%hen an Undersecretary is desi$nated to dischar$e
functions of a secretary pendin$ the appoint2ent of a
per2anent secretary
The board of trustees, pursuant to ,ection /,
Para$raph F of P' -./0 %hich states that the board has
the po%er to 3To con1r2 appoint2ents of vice presidents,
deans, directors, re$istrars, heads of depart2ents,
professors and other oficials and e2ployees of the
university or colle$e 2ade by the president, to 1x their
co2pensation, hours of service, and such other duties
and conditions as the $overnin$ boards 2ay pro2ul$ate,
in accordance %ith the provisions of existin$ la%s8 to
re2ove the2 for cause after investi$ation and hearin$4,
approved of the desi$nation
!t is clear that fro2 the facts, the desi$nation %as
de1nitely intended for the appoint2ent of 'r ( to the
position of )ice President of *esearch and +xtension
;hile the assi$n2ent to the position throu$h
3desi$nation4, the clear intent %as to 2a"e an
3appoint2ent4 as 2anifested by the rate of co2pensation
and the dischar$e of the functions as )ice-President for
*esearch and +xtension
9<: ;hether the plaintif 2ay exercise le$al re2edy
%ithout exhaustin$ all possible ad2inistrative re2edies
in her clai2
@iven the facts and circu2stance of the case at hand, the
(d2inistrative la% applicable in this case has already
been declared by the Court to have exe2ptions to it ?ust
li"e any other $eneral rule The exhaustion of
ad2inistrative re2edies is not an iron-clad rule (s held
by the court, it is not necessary %hen fro2 the facts of
the case, petitioners has to loo" to the courts for speedy
relief8 %hen the &uestion presented is 3purely a le$al
one4 li"e in this case by 'r ( The controverted act is
3
3patently ille$al4 and 3nothin$ of an ad2inistrative
nature is to be or can be doneA and %hen petitioner %as
denied due process +ach of these exceptions 2ay
exe2pt the petitioner fro2 the rule on exhaustion of
ad2inistrative re2edies before 1lin$ a court action
Considerin$ that all of these exceptions are present in
this case, petitioner 2ay avail herself of the instant
re2edy
PRA,ER
/.ERE-ORE% pre2ises considered, it is
respectfully prayed that ?ud$2ent be rendered in favor of
the plaintif and a$ainst the defendant by:
- F!N'!N@ that the desi$nation to the position of )ice
President for *esearch and +xtension of 'r ( by the
#oard of T,U is e&uivalent to a per2anent appoint2ent
< F!N'!N@ that the reappoint2ent to 3Professor )!4 of is
an ille$al dis2issal of 'r ( fro2 the position of )ice
President for *esearch and +xtension
/ >*'+*!N@ the board of T,U to reassi$n 'r ( as the
)ice President for *esearch and +xtension of T,U
>ther ?ust and e&uitable re2edies under the
circu2stances are li"e%ise prayed for
Ba2boan$a City, (pril -C, <D-/
Alman0Na1ar Namla
Counsel for Plaintif
*ooftop, 6indpro #uildin$
Ea Purisi2a, Ba2boan$a City
!#P No:_____
PT* No:_____
*oll No:_____
6CE+ No:_____
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