Niel Joshua J.

Raymundo

R. Marino Corpus vs Miguel Cuaderno, Sr.

13 SCRA 591 | March 30, 1962

Facts:
The Special Assistant to the Governor of the Central Bank, Marino Corpus, was
administratively charged with dishonesty, incompetence, neglect of duty and violation of the
internal regulations of the office. He was suspended by the Monetary Board despite the
recommendation of the investigating committee that he be reinstated and there was no basis
for actions against Corpus. The Board considered him resigned as of the date of his suspension.
Corpus moved for reconsideration but was denied. He filed the petition to CFI of Manila which
favored him and declared the Resolution of the Board as null and void. He was awarded PhP
5,000.00 as attorney’s fees. Both Petitioner and respondent appealed the judgment. Petitioner
was appealing the amount awarded to him contending that it was lower than what he has
spent for attorney’s fees. While the respondent claimed that an officer holding highly technical
position may be removed at any time for lack of confidence by the appointing power who was
Governor Miguel Cuaderno, Sr..

Issue:
Whether or not the lack of trust and confidence by the appointing power a ground for
removing an employee or a public officer?

Ruling:
The Constitution distinguishes the primarily confidential from the highly technical
employees, and to the latter the loss of confidence as a ground for removal is not applicable.
No public officer or employee in the Civil Service shall be removed or suspended except for a
cause provided by law. Pertaining to the petitioner’s claim for damages, the agreement
between a client and his lawyer as to attorney’s fees cannot bind the other party who was a
stranger to the fee contract. While the Civil Code allows a party to recover reasonable counsel
fees by way of damages, such fees must lie primarily in the discretion of the trial court.
Decision appealed affirmed by the Supreme Court.