Petitioner-Appellant Vs VS: en Banc
Petitioner-Appellant Vs VS: en Banc
Petitioner-Appellant Vs VS: en Banc
DECISION
MAKASIAR, J : pp
This petition for certiorari and prohibition with the prayer for the issuance of a
writ of preliminary mandatory injunction was led by petitioner-appellant Francisco M.
Cucharo by way of appeal (p. 144, rec.) from the order dated July 20, 1966 respectively
dismissing the petition as well as denying appellant's motion for summary judgment
and from the order of August 4, 1966 denying the motion for reconsideration of the
order of July 20, 1966 (pp. 128, 142, rec.).
However that may be, the cases of Yarcia vs. City of Baguio, Trocio vs. Subido, Austria vs.
Auditor General and Cabigao v. Del Rosario, which were decided subsequently to the
Guisadio case, should be decisive of the case at bar since the relevant facts of the
aforesaid cases and of the instant case are analogous.
1. Sec. 35, Civil Service Act of 1959, otherwise known as R.A. No. 2260; Yarcia vs. City of
Baguio, L-27562, May 29, 1970, 33 SCRA, pp. 419, 427, 428; Trocio vs. Subido, L-23363,
May 31, 1967, 20 SCRA 354, 356-357; Austria vs. Auditor General, L-21918, January 24,
1967, 19 SCRA, 79, 83-84; Cabigao vs. Del Rosario, L-18379, Oct. 31, 1962, 6 SCRA, 578,
582, 583; Gonzales vs. Hernandez, L-15482, May 30, 1961, 2 SCRA 228, 233-234.
3. Pineda vs. CFI, L-12602, April 25, 1961, 1 SCRA 1020, 1026-27; Escalante vs. Subido, 30
SCRA, 398, 403.
6. Neria vs. Commissioner of Immigration, 23 SCRA 866, 818. Abaya vs. Villegas, 18 SCRA
1034, 1039-40; Begora vs. Chairman, PVA, 32 SCRA 466, 472-73.
7. Neria vs. Commissioner, supra; Gutierrez vs. Court of Appeals, 26 SCRA 40; Mangubat vs.
Osmeña, L-12837, Apr. 30, 1959, 105 Phil. 1308-1309.