Nat Res 1st Set of Cases Digest
Nat Res 1st Set of Cases Digest
Nat Res 1st Set of Cases Digest
ENVIRONMENTAL LAW
(FIRST SET OF CASE DIGESTS)
Submitted By:
Mary Grace E. Esguerra
2C
Submitted To:
Atty. Cleo D. Sabado-Andrada
HELD: Yes, the trial court may issue a temporary restraining order and
preliminary injunction to enjoin the construction and operation of the 29
decagon-shaped steel poles or towers by the NAPOCOR, notwithstanding
Presidential Decree No. 1818. In the case at bar, petitioners sought the
issuance of a preliminary injunction on the ground that the NAPOCOR
Project impinged on their right to health as enshrined in Article II, Section
15 of the 1987 Constitution. From the foregoing, whether there is a violation
of petitioners constitutionally protected right to health and whether
respondent NAPOCOR had indeed violated the Local Government Code
provision on prior consultation with the affected communities are veritable
questions of law that invested the trial court with jurisdiction to issue a TRO
and subsequently, a preliminary injunction. As such, these questions of law
divest the case from the protective mantle of Presidential Decree No. 1818.
Valentin L. Legaspi vs. Civil Service Commission
G.R. No. L-72119, May 29, 1987
FACTS: Civil Service Commission denied Legaspi's request for information
on the civil service eligibilities of certain persons employed as sanitarians in
the Health Department of Cebu City. These government employees, Julian
Sibonghanoy and Mariano Agas, had allegedly represented themselves as
civil service eligibles who passed the civil service examinations for
sanitarians. Claiming that his right to be informed of the eligibilities of
Julian Sibonghanoy and Mariano Agas, is guaranteed by the Constitution,
and that he has no other plain, speedy and adequate remedy to acquire the
information, petitioner prays for the issuance of the extraordinary writ of
mandamus to compel the respondent Commission to disclose said
information.
The Solicitor General interposes procedural objections to Our giving
due course to this Petition. He challenges the petitioner's standing to sue
upon the ground that the latter does not possess any clear legal right to be
informed of the civil service eligibilities of the government employees
concerned. He calls attention to the alleged failure of the petitioner to show
his actual interest in securing this particular information. He further argues
that there is no ministerial duty on the part of the Commission to furnish the
petitioner with the information he seeks.
ISSUE: Whether or not the Civil Service Commission shall give information
about the civil service eligibility of the sanitarians.
HELD: Yes, the Civil Service Commission shall give information about the
civil service eligibility of the sanitarians.
The civil service eligibility of a sanitarian being of public concern,
and in the absence of express limitations under the law upon access to the
register of civil service eligibles for said position, the duty of the respondent
Commission to confirm or deny the civil service eligibility of any person
occupying the position becomes imperative. Mandamus, therefore lies.