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1. Cayo Gamogamo vs.

PNOC Shipping (2002)


HELD:
ISSUE: No. while all other appointive officials in
Whether a GOCC with no original charter is the civil service are allowed to hold other
covered by the CSC office or employment in the government during
their tenure when such is allowed by law or by
HELD: the primary functions of their positions,
No. GOCCs with no original charter are covered members of the Cabinet, their deputies and
by the Labor Code. assistants may do so only when expressly
authorized by the Constitution itself.
2. Lumanta vs. NLRC and FTI (1989)
7. Ricardo Medalla Jr. vs. Hon. Patricia Sto.
ISSUE: Tomas; Armando Singson
Whether FTI is covered by the CSC
ISSUE:
HELD: Whether the CSC-MPSB may replace an appointee
No. GOCCs with original charter are those with an employee of its choice
covered by the CSC, and those organized under
the Corporation law. HELD:
No. The Court has already repeatedly ruled
3. Ricardo Summers vs. SOJ Roman Ozaeta (1948) that the Commission has no such authority to
do so. Its only function is limited to
ISSUE: approving or reviewing appointments to
Whether the judge can hold two offices determine their accordance with the
requirements of the Civil Service Law.
HELD:
No. The judge cannot hold two offices since 8. THE NATIONAL APPELLATE BOARD (NAB) OF THE
his voluntary acceptance of the postition of NATIONAL POLICE COMMISSION (NAPOLCOM) vs.
the judge-at-large by taking an oath of office P/INSP. JOHN A. MAMAUAG, SPO2 EUGENE ALMARIO,
amounted to a waiver of his right to hold the SPO4 ERLINDA GARCIA and SPO1 VIVIAN FELIPE
position of cadastral judge.
ISSUE:
4. Roberto Flores vs. Hon. Franklin Drilon; Whether the private complainant in an
Richard Gordon (1993) administrative case has the legal personality
to move for reconsideration, or appeal an
ISSUE: adverse decision of the disciplining authority
Whether an elected official may be appointed
to another government office HELD:
No. A private complainant like Judge Angeles
HELD: is not one of "either party" who can appeal
No. The provision in the law which directs the under Sections 43 and 45 of RA 6975 (Civil
President to appoint an elective official, Service Law). The private complainant is a
i.e., the Mayor of Olongapo City, to other mere witness of the government which is the
government posts (as Chairman of the Board and real party in interest. In short, private
Chief Executive Officer of SBMA) contravenes complainant Judge Angeles is not a party under
Sec. 7 Art. IX-B of the 1987 Constitution Sections 43 and 45 who can appeal the decision
against a local elective official being of the disciplining authority.
appointed to another executive government
position. 9. RICARDO T. GLORIA vs. CA

5. Mayor Rogelio Debulgado and Victoria ISSUE:


Debulgado vs. CSC (1994)
Whether the teachers are entitled to backwages
ISSUE: for the period pending their appeal if they
Whether the prohibition against nepotism are subsequently exonerated?
includes promotional appointments or only to
original appointments HELD:
Yes, they are entitled to backwages.
HELD: Preventive suspension pending appeal is
Yes, the prohibition includes promotional actually punitive although it is in effect
appointments. The prohibition against subsequently considered illegal if respondent
nepotism refers to "all appointments" whether is exonerated and the administrative decision
original or promotional in nature. finding him guilty is reversed.

6. Civil Liberties Union vs. Exec. Sec.

ISSUE:
Whether members of the Cabinet, their
undersecretaries and assistant secretaries
may hold other government offices or positions
in addition to their primary positions
10. Dela Cruz et. al vs. CA; Sec. Carino of some of its functions and objects were
DECS expanded or consolidated.

ISSUE:
Whether back wages may be awarded to teachers 14. WENONAH L. MARQUEZ AZARCON vs. HOUSING AND
ordered reinstated to the service after the LAND USE ARBITER CHARITO BUNAGAN
dismissal orders
ISSUE:
HELD: Whether the HLURB Board commited grave abuse
No. The grant of back wages in administrative of discretion
disciplinary cases shall only be allowed if
the teachers were exonerated or unjustifiably HELD:
suspended. Since the petitioners were all Yes. We are convinced that [Azarcon] should
found guilty, though in a lesser, offense, not be held responsible for the delay in the
disqualifies them to be granted such back release of the loan and consequently for the
wages. non-payment of the purchase price. Sagana has
failed to convincingly refute Azarcon's
11. In re: Gonzales argument that the non-release of the loan was
ISSUE: due to its non-submission of certain
Whether a Supreme Court Justice be charged requirements.
with disbarment while in office
15. PRESIDENTIAL AD HOC FACT-FINDING COMMITTEE
HELD: ON BEHEST LOANS vs. HON. ANIANO A. DESIERTO
No. A public officer who under the
Constitution is required to be a Member of the ISSUE: Whether or not the Ombudsman can acted
Philippine Bar as a qualification for the with grave abuse of discretion by ruling the
office held by him and who may be removed from the AO. 13 was an ex post facto law
office only by impeachment, cannot be charged
with disbarment during the incumbency of such HELD: The Ombudsman had no jurisdiction in
public officer. Article XI of the 1987 delving into the constitutionality of the
Constitution: Sec. 2 The President, the Vice- subject administrative and memorandum orders.
President, the Members of the Supreme Court, However, there was no probable cause to base
the Members of the Constitutional Commissions, the action.
and the Ombudsman may be removed from office,
on impeachment. All other public officers and
employees may be removed from office as
provided by law, but not by impeachment.

12. OFFICE OF THE OMBUDSMAN vs. GERTRUDES


MADRIAGA and ANA MARIE BERNARDO
ISSUE:
Whether the penalty imposed by the Ombudsman
is only recomendatory or advisory in nature

HELD:
No. The Constitution and R.A. No. 6770 (The
Ombudsman Act of 1989) have conferred on it
full disciplinary authority over public
officials and employees including the power to
enforce its duly-issued judgments.

13. U.P. BOARD OF REGENTS, DR. JOSE V. ABUEVA


(UP Pres.) and DR. ERNESTO O. DOMINGO (UP
Manila Chancellor and UP-PGH Director) vs.
HON. JAINAL D. RASUL; DR. FELIPE ESTRELLA, JR.

ISSUE:

Whether Dr Estrella can be rightfully removed


because of PGHs reorganization

HELD:

NO. As held in numerous cases, appointees of


the UP Board of Regents enjoy security of
tenure during their term of office. Moreover,
it is clear from the record that PGH itself
was not abolished in the reorganization plan
approved by the UP Board of Regents. The PGH
was merely renamed UP-PGH Medical Center and

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