Mercado, Dan Derick M.

Constitutional Law | JD – 1D

HON. RICARDO T. GLORIA v. HON. COURT OF APPEALS and DR. BIENVENIDO

ICASIANO
G.R. No. 119903, August 15, 2000

FACTS:

On June 29, 1989, private respondent Dr. Bienvenido Icasiano was appointed
Schools Division Superintendent, Division of City Schools, Quezon City, by the then
President Corazon C. Aquino. On October 10, 1994, petitioner Secretary Gloria(private
respondent herein) recommended to then President Fidel Ramos that the petitioner be
reassigned as Superintendent of the MIST (Marikina Institute of Science and
Technology), to fill up the vacuum created by the retirement of its Superintendent.
President Ramos approved the recommendation. Dr. Icasiano requested Secretary Gloria
to reconsider the reassignment, but the latter denied the request. On October 19, 1994, Dr.
Icasiano prayed to the Court of Appeals for the issuance of a Temporary Restraining
Order (TRO) which was initially denied by the Court of Appeals but subsequently set
aside its decision and restrained the petitioners from implementing the reassignment.
Petitioners are now before the Court seeking relief from the decision of the appellate
court. They contend that the doctrine enunciated in Bentain vs. Court of Appeals -- that "a
reassignment that is indefinite and results in a reduction in rank, status and salary, is in
effect, a constructive removal from the service" -- does not apply in the present case for
the reassignment in question was merely temporary, lasting only until the appointment of
a new Vocational School Superintendent of MIST.
ISSUE:
Whether or not the reassignment of private respondent from School Division
Superintendent of Quezon City to Vocational School Superintendent of MIST is violative
of his security of tenure?

RULING:

NO. The