DRS. ELLEN AMBAS, JOANNE, et. al. vs. DRS. BRIGIDA BUENASEDA, et.al

G.R. No. 95244 September 4, 1991

DRS. ELLEN AMBAS, JOANNE, et. al. vs. DRS. BRIGIDA BUENASEDA, et.al  

FACTS:

Petitioners were employed and retained as resident trainee physicians by the DOH, assigned to the National Center for Mental Health (NCM) under the Residency Program of the government. By authority of the Secretary of Health, petitioners were issued temporary appointments as resident trainees.

However, in an undated confidential report, the NCMH Medical Training Officer, Dr. Efren Reyes, recommended the termination of petitioners' services because of poor academic performance and low ranking. The recommendation of the Training Officer for the termination of petitioners' services was based on the result of an evaluation conducted by the Residency Evaluation Committee on 16 June 1989 of all NCMH resident trainees.

Petitioners filed a letter-complaint with the Secretary of Health, which the latter referred to the CSC for appropriate action. In the same indorsement, the Secretary of Health confirmed the action of NCMH in terminating petitioners' services as resident trainees.

On 28 August 1989, the Board rendered a decision declaring petitioners' termination as not valid and ordered their reinstatement to their former positions. It was the opinion of the Board that the power to remove petitioners belongs to the appointing authority, namely, the Secretary of Health, and that, therefore, the NCMH through its representative has no power to remove the petitioners. The Secretary of Health later confirmed the removal on 17 August 1989.

ISSUE: Who has the authority to remove petitioners from their position?

RULING:

The NCMH had no power to terminate the trainees. Only the Secretary of Health, as the appointing authority, had the power to remove them from the service. Thus, the removal of petitioners by NCMH effective 1 July 1989 was not valid. But, the confirmation on 17 August 1989 made by the Secretary of Health of petitioners' termination had the force and effect of a valid removal, effective on the date such confirmation was made.

The Secretary of Health did not commit grave abuse of discretion in terminating petitioners from the service because the same was done with just cause, i.e., the petitioners' poor academic performance and low ranking in the evaluation conducted by the Residency Evaluation Committee of NCMH. Under the circumstances, the valid removal of petitioners took effect only 17 August 1989, and, therefore, they are entitled to backwages from 1 July 1989 to 17 August 1989.