Rosalinda Santos was an ambassador sent on a mission to Geneva who brought her adopted daughter on a discounted ticket. Some coworkers complained she misused funds, but it was found the ticket cost less than her travel allowance. She was still found guilty of misconduct for refusing to appear before a disciplinary board and was removed from her post by presidential order. The Supreme Court found she was not actually guilty of wrongdoing, but could not reinstate her as the president has sole power to appoint and recall ambassadors, and her term expired with the president's displeasure. The assignment and recall of ambassadors is an executive prerogative the court cannot review.
Rosalinda Santos was an ambassador sent on a mission to Geneva who brought her adopted daughter on a discounted ticket. Some coworkers complained she misused funds, but it was found the ticket cost less than her travel allowance. She was still found guilty of misconduct for refusing to appear before a disciplinary board and was removed from her post by presidential order. The Supreme Court found she was not actually guilty of wrongdoing, but could not reinstate her as the president has sole power to appoint and recall ambassadors, and her term expired with the president's displeasure. The assignment and recall of ambassadors is an executive prerogative the court cannot review.
Rosalinda Santos was an ambassador sent on a mission to Geneva who brought her adopted daughter on a discounted ticket. Some coworkers complained she misused funds, but it was found the ticket cost less than her travel allowance. She was still found guilty of misconduct for refusing to appear before a disciplinary board and was removed from her post by presidential order. The Supreme Court found she was not actually guilty of wrongdoing, but could not reinstate her as the president has sole power to appoint and recall ambassadors, and her term expired with the president's displeasure. The assignment and recall of ambassadors is an executive prerogative the court cannot review.
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.
Federico Agrava For Petitioner. Office of The Solicitor, General Ambrosio Padilla, First Assistant Solicitor General Guillermo E. Torres and Solicitor Florencio Villamor For Respondents