Scribd Logo
Upload

Welcome to Scribd!

  • 27 views

    Case 4

    Uploaded by

    rd
    1. The Supreme Court ruled that mandamus does not lie to compel the Board of Directors of Palompon, Leyte Water District to reinstate the petitioner as General Manager. The Board has discretionary power to remove the General Manager under the law. 2. The Civil Service Commission has primary jurisdiction over cases involving illegal dismissal of employees in the civil service. As an exception, the law provides that the General Manager of a local water district serves at the pleasure of the Board. 3. While water district employees belong to the civil service, the Civil Service Commission's jurisdiction is not absolute and must consider laws like P.D. 198 that give the Board discretion to remove the General Manager.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Case 4

    Uploaded by

    rd
    27 views2 pages
    1. The Supreme Court ruled that mandamus does not lie to compel the Board of Directors of Palompon, Leyte Water District to reinstate the petitioner as General Manager. The Board has discretionary power to remove the General Manager under the law. 2. The Civil Service Commission has primary jurisdiction over cases involving illegal dismissal of employees in the civil service. As an exception, the law provides that the General Manager of a local water district serves at the pleasure of the Board. 3. While water district employees belong to the civil service, the Civil Service Commission's jurisdiction is not absolute and must consider laws like P.D. 198 that give the Board discretion to remove the General Manager.

    Original Title

    CASE 4

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1. The Supreme Court ruled that mandamus does not lie to compel the Board of Directors of Palompon, Leyte Water District to reinstate the petitioner as General Manager. The Board has discretionary power to remove the General Manager under the law. 2. The Civil Service Commission has primary jurisdiction over cases involving illegal dismissal of employees in the civil service. As an exception, the law provides that the General Manager of a local water district serves at the pleasure of the Board. 3. While water district employees belong to the civil service, the Civil Service Commission's jurisdiction is not absolute and must consider laws like P.D. 198 that give the Board discretion to remove the General Manager.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    27 views2 pages

    Case 4

    Uploaded by

    rd
    1. The Supreme Court ruled that mandamus does not lie to compel the Board of Directors of Palompon, Leyte Water District to reinstate the petitioner as General Manager. The Board has discretionary power to remove the General Manager under the law. 2. The Civil Service Commission has primary jurisdiction over cases involving illegal dismissal of employees in the civil service. As an exception, the law provides that the General Manager of a local water district serves at the pleasure of the Board. 3. While water district employees belong to the civil service, the Civil Service Commission's jurisdiction is not absolute and must consider laws like P.D. 198 that give the Board discretion to remove the General Manager.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    PALOMA vs.

    MORA
    G.R. No. 157783
    470 SCRA 711

    September 23, 2005

    CHICO-NAZARIO, J.:
    Facts:
    Petitioner was terminated from his appointment as General
    Manager of the Palompon, Leyte Water District. By reason thereof,
    petitioner filed a petition for mandamus with prayer to be restored to
    his former position and for preliminary injunction with damages
    before the RTC. Unable to obtain a favorable ruling with the RTC,
    petitioner filed a complaint with the Civil Service Commission for
    alleged Violation of Civil Service Law and Rules and for Illegal
    Dismissal. The CSC, however, dismissed the petition for lack of merit,
    which was likewise affirmed by the Court of Appeals.
    Issues:
    I. Whether or not mandamus will lie to compel the Board of
    Directors of Palompon, Leyte Water District to reinstate the General
    Manager thereof
    II. Whether or not the Civil Service Commission has primary
    jurisdiction over the case for illegal dismissal of petitioner
    Held:
    I. No. Mandamus does not lie to compel the Board of Directors
    of the Palompon, Leyte Water District to reinstate petitioner because
    the Board has the discretionary power to remove him under Section
    23 of P.D. No. 198, as amended by P.D. No. 768.
    Moreover, Section 3, Rule 65 of the Rules of Court provides:
    Sec. 3. Petition for mandamus. ' When any tribunal,
    corporation, board, officer or person unlawfully neglects the
    performance of an act which the law specifically enjoins as a duty
    resulting from an office, trust, or station, or unlawfully excludes
    another from the use and enjoyment of a right or office to which
    such other is entitled, and there is no other plain, speedy and
    adequate remedy in the ordinary course of law, the person
    aggrieved thereby may file a verified petition in the proper court,
    alleging the facts with certainty and praying that judgment be
    rendered commanding the respondent, immediately or at some
    other time to be specified by the court, to do the act required to be
    done to protect the rights of the petitioner and to pay the damages
    sustained by the petitioner by reason of the wrongful acts of the
    respondent.
    Mandamus lies to compel the performance, when refused, of a
    ministerial duty, but not to compel the performance of a discretionary
    duty. Mandamus will not issue to control or review the exercise of
    discretion of a public officer where the law imposes upon said public
    officer the right and duty to exercise his judgment in reference to any
    matter in which he is required to act. It is his judgment that is to be
    exercised and not that of the court.

    II. Yes. As a general rule, no officer or employee of the civil


    service shall be removed or suspended except for cause provided by
    law as provided in Section 2(3), Article IX-B of the 1987 Constitution.
    As exception to this, P.D. No. 198, a special enabling charter of Local
    Water Districts, categorically provides that the General Manager shall
    serve 'at the pleasure of the board.
    Water districts are government instrumentalities and their
    employees belong to the civil service. Thus, the hiring and firing of
    employees of government-owned or controlled corporations are
    governed by the Civil Service Law and Civil Service Rules and
    Regulations.
    In cases where the doctrine of primary jurisdiction is clearly
    applicable, the court cannot arrogate unto itself the authority to
    resolve a controversy, the jurisdiction over which is initially lodged
    with an administrative body of special competence. Quasi-judicial
    bodies like the CSC are better-equipped in handling cases involving
    the employment status of employees as those in the Civil Service since
    it is within the field of their expertise. This is consistent with the
    powers and functions of the CSC, being the central personnel agency
    of the Government, to carry into effect the provisions of the Civil
    Service Law and other pertinent laws, including, in this case, P.D. No.
    198.

    You might also like