G.R. No. 119903 – 392 Phil. 536 – Political Law – Constitutional Law – The Executive Department – Presidential Immunity – Alter-Ego Doctrine – Immunity may not be invoked if there is grave abuse of discretion
In 1989, Bienvenido Icasiano was appointed by the President as the Schools Division Superintendent of the Quezon City Schools Division.
In 1994, DECS Secretary Ricardo Gloria recommended to the President that Icasiano be reassigned as the Superintendent of the Marikina Institute of Science and Technology. The President approved the recommendation and issued a directive to Gloria for him to implement the recommendation.
Icasiano sued Gloria. He argued that the re-assignment is against his right to security of tenure.
Gloria invoked immunity from suit; that the act of reassignment is the act of the President.
ISSUE: Whether or not Gloria is correct.
HELD: No. The act complained of is not an act of the President. The act being complained of is the act of Gloria not that of the President. Further, the SC clarified that acts of the President may be brought under judicial scrutiny where there is grave abuse of discretion or if the action is without or in excess of jurisdiction.
