Decision
Magtibay v. Garcia
G.R. No. L-28971 · 1983-01-28 · ESCOLIN, J. · LawPhil
ARLEO E. MAGTIBAY, appellant, vs. Lt. Col. SANTIAGO GARCIA and Cadet Colonel MARCELO JAVIER, respondents. Leodegario I. Magtibay for appellant. The Solicitor General for respondent
ESCOLIN, J.:
Appeal from the order of the Court of First Instance of Rizal dismissing the appellant's petition for mandamus and quo warranto. The issue posed for determination is whether the courts may review the exercise of discretion of a public officer on matters in which it is his duty to act. Appellant contends that the lower court erred in refusing to review the actuations of Lt.
Col. Santiago Q. Garcia, commandant of the University of the Philippines ROTC as to matters affecting the regulation and supervision of the U.P. ROTC Corps of Cadets. On March 12, 1966, Lt.
Col. Santiago Q. Garcia, then Commander of the, U.P. ROTC Cadet Corps, issued General Orders No. 23 relieving Arleo E. Magtibay of the rank of cadet colonel and as battalion commander of the lst BCT of the U.P. Cadet Corps, and designating in his stead Cadet Col. Marcelo Javier.
In the same order, Magtibay was excluded from the roll of the graduating class of the ROTC Advance Course for having flunked the subject MS-42, a subject necessary for the completion of the Advance Course. On March 23, 1966, Magtibay filed with tile President of the University of the Philippines an administrative case against Lt. Col.
Garcia charging the latter with abuse of discretion and seeking his relief as commandant of the U.P. ROTC Cadet Corps.1 The Honorable Carlos P. Romulo, then President of the U.P., appointed a committee to investigate the complaint and "to review the case of Mr. Magtibay and to evaluate his scholastic record, including his examination papers, if any, in MS-42, and to make recommendations in accordance with the procedure described in paragraph 2, section 374 of the Revised U.P. Code." Said committee, after due investigation, submitted its report to the U.P. President, stating, among other things that Records show that Mr. Magtibay got the following grades in MS 42 for second semester 1965-1966: Subject Proficiency ............... 37.20% Aptitude ..................................
0 Attendance............................. 26.00%