Aparri v Court of Appeals

July 8, 2009
127 SCRA 231
FACTS:

-On January 15, 1960, the Board of Directors of the defunct National Resettlement and Rehabilitation
Administration (NARRA) approved resolution no. 13 (series of 1960), which appointed Appari as a
general manager of the said company which will take effect on January 16, 1960.

-However on March 15, 1962, the same Board of Directors approved resolution no. 24 (series of 1962)
which states that the Chairman of the Board has transmitted to the Board of Directors the desire of the
office of the Philippines to fix the term of Aparri, the general manager up to the closing time of the
office on March 31, 1962 in accordance with paragraph 2, section 8 of R.A. 1160:

Sec. 8. Powers and Duties of the Board of Directors. The Board of Directors shall
have the following powers and duties:

2) To appoint and fix the term of office of General Manager , subject to the
recommendation of the Office of Economic Coordination and the approval of the President of
the Philippines. The Board, by a majority vote of all members, may, for cause, upon
recommendation of the Office of Economic Coordination and with the approval of the
President of the Philippines, suspend and/or remove the General Manager and/or the
Assistant General Manager (p. 46, rec., emphasis supplied).

ISSUE:

Whether or not Resolution no. 24 (series of 1962) was a removal or dismissal of the petitioner without
cause.

HELD:

The court ruled that resolution no. 24 which approved by the Board of Directors and pursuant to the
desire of the office of the President legally fixed the term of Appari. The word term in legal sense
means the definite period of time that an officer may hold an office. The statue is undeniably clear.
Resolution no. 24 speaks of no removal but an expiration of the term of Appari. When the language of
the statue is plain, clear, and free from ambiguity, it must be held to mean what it plainly says.