case summary quantum

8/12/2019 Case Summary Quantum

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than when it is nt.8 Mran, )mments n the /ules ! )urt, "l. 777 >195* ?d.@ ''. 6


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TANADA vs CA UNLAWFUL RETENTION OF FUNDS AND CHARGING LIENS

This is a petition for review of the deision of the then Co!rt of Appea"s# whih red!ed theattorne$%s fees ad&!diated '$ the Co!rt of First Instane of N!eva Ei&a in favor ofpetitioners#

(etitioner Loren)o *# Ta+ada and the "ate Franiso A, De"-ado were for.er partnersin the "aw /r. 0De"-ado and Ta+ada0#

petitioners *odesto T, F"ores and Santia-o *aapa-a"# to-ether with A"'erto Di)on

and Gre-orio Fernande)# 1r,# now 'oth deeased# were assistant attorne$s in said "aw

o2e

A!-!st 3456# Narisa *endo)a# now deeased# retained the servies of the "aw /r.to represent her in Civi" Cases Nos, 7859 and 7::6 then pendin- 'efore the Co!rt ofFirst Instane of N!eva Ei&a, She a-reed to pa$ the "aw /r. a ontin-ent feee;!iva"ent to one


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NASSER vs CUEVAS UNLAWFUL RETENTION OF FUNDS AND CHARGING LIENS

In the proeedin-s for the sett"e.ent of the estate of the "ate A.adeo *at!te *o"ave

in the then Co!rt of First Instane of *ani"a#1a do!.ent e.'od$in- a s!pp"e.enta"

o.pro.ise a-ree.ent and pro&et of partition was ee!ted

The a-ree.ent provided inter aliafor the pa$.ent of the attorne$%s fees of

respondent Att$, (aterno Can"as in the a--re-ate a.o!nt of (966#666,66# in propert$

BHacienda Cadiatan# va"!ed at (387#666,66 and ash B(538#666,66, Re"ative to said

fees# the a-ree.ent a"so ontained a provision reatin- a har-in- "ien in Can"as%

favor

a har-in- "ien for attorne$%s fees to se!re the pa$.ent of said attorne$%s fees and#'$ these present# a"" the si-natories to this Co.pro.ise A-ree.ent epress"$ a-reeto the esta'"ish.ent and reation of the aforesaid har-in- "ien# provided that !ponf!"" pa$.ent of the orrespondin- "ia'i"it$ of a part$ the "ien on his=her share isetin-!ished,

o the heirs and transfereependente lite to pa$ Att$, (aterno R, Can"as their

orrespondin- shares of the attorne$%s fees This Order of 1!d-e C!evas was assai"ed in this Co!rt '$ the heirs Bthe Nassers and

*at!tes thro!-h the speia" ivi" ation of ertiorari and=or prohi'ition at 'ar#

prinipa""$ on the -ro!nd that ee!tion was i.proper in the a'sene of a written

a-ree.ent on the preise ter.s of pa$.ent of Can"as attorne$%s fees

Not too "on- afterwards# *ariano T, Nasser# *an!e" S, Nasser and Fort!nata

a.'rano da, de *at!te reahed an a-ree.ent with respondent Can"as over the

pa$.ent of the "atter%s fees,

7n the 'rceedings !r the settlement ! the estate ! the late Amade Matute, a dcument with a

cm'rmise agreement !r 'artitin was executed amng the heirs and ther 'arties. 7t was

a''rved $y the curt $ut later rendered mt. Anyway, the agreement 'rvided !r the 'ayment

! attrneys !ees ! Atty. atern )anlas ! 6,, in 'r'erty and in cash


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;he rder, issued $y Judge )uevas, was assailed in certirari and 'rhi$itin, n the grund that

the executin was im'r'er in the a$sence ! a written agreement n the 'recise terms !

'ayment ! )anlas attrneys !ees. etitiners claim that they are entitled t 'ay Atty. )anlas at

installment.

Issue= Ehether r nt the agreement 'ertained t installment.

Held= B. 7t evidently cntem'lates the 'r$a$ility that the heirs $liged t 'ay )anles wuld'ay at di!!erent times and dentes nthing mre than that i! ne ! the $ligrs se'arately 'ays

his share in )anlass !ees, the lien n his share ! the estate is there$y extinguish, a 0uite $vius

'r'sitin t $e sure. the clause cannt $e cnstrued as granting t any ! them the 'tin ! 'ay

in installments. Als, the 'ayment had $een delayed !r 1< years already

AR*OIT vs CA

It appears that Att$, Ar.ovit was en-a-ed as o!nse" for the private respondent in a

o.p"aint to have an etra&!diia" fore"os!re of ertain properties '$ the

Govern.ent Servie Ins!rane S$ste. de"ared n!"" and void? that the parties a""e-ed"$ a-reed that the private respondent sha"" pa$ (3>#666,66 as

initia" o.pensation and twent$ perent in ontin-ent fees the def!nt Co!rt of First Instane rendered &!d-.ent ann!""in- fore"os!re and

orderin- the Govern.ent Servie Ins!rane S$ste. to restr!t!re the private

respondent%s "oan

It a"so appears that when Att$, Ar.ovit so!-ht ee!tion with the o!rt a quo# he was

infor.ed '$ Ro.!a"do en-son president of the respondent orporation# that the

/r. has retained the servies of Att$, (ai/o adao

The private respondent# however# "ater i-nored his 'i""in-s and over the phone#

direted hi. a""e-ed"$ not to ta@e part in the ee!tion proeedin-s However# !pon the t!rnover of the .one$ to the private respondent# *rs, renda

en-son Bwife of Ro.!a"do en-)on de"ivered to Att$, Ar.ovit the s!. of

(:66#666,66 on"$, Ar.ovit protested and de.anded the a.o!nt of (>>8#666,6

twent$ perent of (8#96#666,66# for whih *rs, en-)on .ade ass!ranes that he

wi"" 'e paid the 'a"ane,

Reonsideration havin- 'een denied# Att$, Ar.ovit went the Co!rt of Appea"s on a

petition for ertiorari and prohi'ition,

ISSUE The on"$ iss!e is whether or not Att$, Ar.ovit is entit"ed to the s!. of (8>8#666,66

.ore# in addition to the s!. (:66#666,66 a"read$ paid hi. '$ the private respondent

The fat that the reeipt evidenin- pa$.ent '$ the private respondent of the

a.o!nt of (:66#666,66 0was witho!t an$ ;!a"i/ation as %advane% or %partia"% or


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%ino.p"ete%#0 16as the Co!rt of Appea"s noted and the Co!rt of Appea"s too@ to .ean

0f!"" pa$.ent0# wi"" not wea@en Att$, Ar.ovit%s de.and for the 'a"ane,

The private respondent an not &!sti/a'"$ downp"a$ Att$, Ar.ovit as ne-"i-ent Bfor

fai"in- to appea" or his de.and for fees eessive Bthat he had 'een paid eno!-h,

Att$, Ar.ovit# after a""# s!eeded in o'tainin- a favora'"e deision for his "ient# an

a"tho!-h his pra$er for vario!s da.a-es were denied# he seeeded in o'tainin- a

s!'stantia" award B(3#466#66,66 in !npaid renta"s for his "ient

The fat that Att$, Ar.ovit .a$ have 'een paid s!'stantia""$ Bin initia" fees whi"e the

ase was dra--in- is no &!sti/ation for den$in- hi. the f!"" a.o!nt !nder their

a-ree.ent That the retainer a-ree.ent was never approved '$ the 'oard of the orporation is

a"so a poor e!se 'ea!se the fat of the .atter is that the private respondent did

de"iver to Att$, Ar.ovit the s!. of (:66#666,66 in partia" pa$.ent#

# we do not /nd Att$, Ar.ovit%s "ai. for 0twent$ perent of a"" reoveries0 to 'e

!nreasona'"e,

FELIPE E. ABELLA, vs, ATTY. ASTERIA E. CRUZABRA

#eli'e ?. A$ella cm'lainant: !iled a cm'laint !r vilatin ! )ann 1 ! the )de !r!essinal /es'nsi$ility and ectin *$:2: ! /e'u$lic Act B. 6*141/A 6*14: r the

)de ! )nduct and ?thical tandards !r u$lic O!!icials and ?m'lyees against Atty. Asteria

?. )ru&a$ra res'ndent:. 7n his a!!idavitCcm'laint2dated + May 22, cm'lainant charged

res'ndent with engaging in 'rivate 'ractice while em'lyed in the gvernment service.

FACTS

)m'lainant alleged that res'ndent was admitted t the hili''ine ar n 4 May 19+6 and

was a''inted as Fe'uty /egister ! Feeds ! %eneral ants )ity n 11 August 19+*.4)m'lainant asserted that as Fe'uty /egister ! Feeds, res'ndent !iled a 'etitin !r

cmmissin as a ntary 'u$lic and was cmmissined n 29 #e$ruary 19++ withut $taining

'rir authrity !rm the ecretary ! the Fe'artment ! Justice FOJ:.


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that even i! res'ndent had $tained authrity !rm the FOJ, res'ndent wuld still $e guilty !

vilating ectin *$:2: ! /A 6*14 $ecause her 'ractice as a ntary 'u$lic cn!licts with her

!!icial !unctins.*

In her Co..ent# respondent ad.itted that she was a notar$ p!'"i fro. 84Fe'r!ar$ 3477 to :3 Dee.'er 3474,7Respondent stated that she was a!thori)ed'$ her s!perior# the Re-ister of Deeds# to at as a notar$ p!'"i,

In her Report and Reo..endation BReport dated 8> 1an!ar$ 866># Investi-atin-Co..issioner L$dia A, Navarro reo..ended to the I( oard of Governors thedis.issa" of the o.p"aint a-ainst respondent for "a@ of .erit,

7n a /eslutin dated 12 March 25, the 7 ard ! %vernrs, in ad'ting and a''rvingthe /e'rt, dismissed the case !r lac ! merit.

ISSUEWON

HELD

It is "ear that when respondent /"ed her petition for o..ission as a notar$ p!'"i#she did not o'tain a written per.ission fro. the Seretar$ of the DO1, RespondentJss!perior# the Re-ister of Deeds# annot iss!e an$ a!thori)ation 'ea!se he is notthe head of the Depart.ent, And even ass!.in- that the Re-ister of Deedsa!thori)ed her# respondent fai"ed to present an$ proof of that written per.ission,

Respondent annot fei-n i-norane or -ood faith 'ea!se respondent /"ed herpetition for o..ission as a notar$ p!'"i after *e.orand!. Cir!"ar No, 3 wasiss!ed in 3479,

Inder the Ini!rm /ules n Administrative )ases in the )ivil ervice, engaging in the 'rivate

'ractice ! 'r!essin, when unauthri&ed, is classi!ied as a light !!ense 'unisha$le $y

re'rimand.24

!e"e#$"e, we !ind Atty. Asteria ?. )ru&a$ra guilty ! engaging in ntarial 'ractice withut thewritten authrity !rm the ecretary ! the Fe'artment ! Justice, and accrdingly we

RE%RIMANDher. he is warned that a re'etitin ! the same r similar act in the !uture shallmerit a mre severe sanctin.
http://www.lawphil.net/judjuris/juri2009/jun2009/ac_5688_2009.html#fnt7http://www.lawphil.net/judjuris/juri2009/jun2009/ac_5688_2009.html#fnt8http://www.lawphil.net/judjuris/juri2009/jun2009/ac_5688_2009.html#fnt23http://www.lawphil.net/judjuris/juri2009/jun2009/ac_5688_2009.html#fnt7http://www.lawphil.net/judjuris/juri2009/jun2009/ac_5688_2009.html#fnt8http://www.lawphil.net/judjuris/juri2009/jun2009/ac_5688_2009.html#fnt23


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Orbos vs CSC

G.R. No. 92561 Se!e"#e$ 12, 1990

SECRETARY %SCAR %RB%S %F T&E 'EPART(ENT %F TRANSP%RTATI%N AN'C%((UNICATI%NS,petitioner#vs,CIVIL SERVICE C%((ISSI%N )*+ NERI% (A'ARANG, respondents,

The Solicitor General for petitioners.

Jose C. Cimano for private respondent.

GANCAYC%,J:

One a-ain the etent of the a!thorit$ of the Civi" Servie Co..ission BCSC to pass !pon ontestedappoint.ents is 'ro!-ht into fo!s in this petition, The appearane of the So"iitor Genera" on 'eha"f ofthe petitioner is a"so ;!estioned,

In the o!rse of the reor-ani)ation of the Depart.ent of Transportation and Co..!niations BDOTC#G!ido C, A-on and A"fonso *a-na$on were appointed to the positions of Head Te"eo..!niationsEn-ineer# ran-e 5,

Nerio *adaran- who was a"so appointed to the position of S!pervisin- Te"eo..!niations En-ineer#ran-e 38# ;!estioned the appoint.ents of A-on and *a-na$on '$ /"in- an appea" with theReor-ani)ation Appea"s oard of the DOTC o.posed of *oises S, To"entino# 1r, of the O2e of theSeretar$# as Chair.an and Assistant Seretar$ Rosa!ro , Si'a" and Graiano L, Sithon of the O2eof the Seretar$# as .e.'ers, In a reso"!tion dated 1an!ar$ 4# 3474 the said Reor-ani)ation Appea"s


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oard dis.issed *adaran-%s appea" for "a@ of .erit, Hene# he appea"ed to the p!'"i respondentCivi" Servie Co..ission BCSC

In its reso"!tion dated A!-!st 84# 3474# respondent CSC revo@ed the appoint.ents of A-on and*a-na$on for the ontested positions and direted the appoint.ent of *adaran- to the said positionof Heads Te"eo..!niations En-ineer, 1DOTC Assistant Seretar$ Si'a" so!-ht a reonsideration ofthe said reso"!tion of the CSC '!t this was denied in a reso"!tion dated Nove.'er 8# 3474, 2

On Nove.'er 83# 3474# Assistant Seretar$ Si'a" /"ed a .anifestation with the CSC statin-

The Te"eo..!niations O2e thro!-h the !ndersi-ned# here'$ .anifests that wereeived the CSC reso"!tion in CSC Case No, :4: on Nove.'er 38# 3474 and ino.p"iane thereto# we wi"" onvene o!r Se"etion and (ro.otion oard to de"i'erateon the position of Head Te"eo..!niations En-ineer Bre"assi/ed to En-ineer Ip!rs!ant to Nationa" Co.pensation Cir!"ar No, >7 eKetive 1!"$ 3# 3474 with ;!a"i/edandidates in"!din- appe""ant Nerio *adaran-,

In a "etter dated Nove.'er 8# 3474# respondent *adaran- re;!ested the CSC to ta@e appropriateation '$ i.p"e.entin- its reso"!tions dated A!-!st 84# 3474 and Nove.'er 8# 3474,

In an order dated Dee.'er 34# 3474# the CSC direted the i..ediate i.p"e.entation of itsafore.entioned reso"!tion insofar as it onerned the appoint.ent of *adaran-,4

A-on and *a-na$on /"ed their separate .otions for reonsideration of the aforestated reso"!tions ofthe CSC '!t these were denied '$ the said o..ission in a reso"!tion dated 1an!ar$ 34# 3446,

Hene# this petition for ertiorari with pra$er for a writ of pre"i.inar$ in&!ntion or restrainin- orderwhih was /"ed '$ the So"iitor Genera" in 'eha"f of petitioner, On *arh 84# 3446# the Co!rt re;!iredthe respondents to o..ent on the petition within ten B36 da$s fro. notie and iss!ed a restrainin-order en&oinin- the CSC fro. enforin- its ;!estioned reso"!tions !nti" f!rther orders,

The so"e iss!e in this ase is whether or not the CSC ated in eess of its &!risdition or with -ravea'!se of disretion a.o!ntin- to "a@ of &!risdition when it ordered the appoint.ent of Nerio*adaran- to the ontested position,

Whi"e petitioner does not ;!estion the aforestated reso"!tions of the CSC insofar as it disapproved theappoint.ents of A-on and *a-na$on to the positions of Head Te"eo..!niations En-ineer# petitioner.aintains that as the appointin- a!thorit$# he has the ri-ht of hoie and disretion to appoint thepersons who. he dee.s /t to the position to 'e /""ed, 5(etitioner e.phasi)es that when the CSCdenied his .otion for reonsideration in a reso"!tion dated Nove.'er 8# 3474# Assistant Seretar$Si'a" infor.ed the CSC thro!-h a .anifestation that the DOTC Se"etion and (ro.otions oard wi"" 'eonvened to de"i'erate on the position of Head Te"eo..!niations En-ineer# ta@in- intoonsideration ;!a"i/ed andidates in"!din- Nerio *adaran-, Neverthe"ess# the CSC stood pat on itsreso"!tion diretin- the appoint.ent of Nerio *adaran- to the ontested position,

On the other hand# the CSC ontends that it was proper"$ eerisin- a onstit!tiona" and "e-a" d!t$ toenfore the .erit and /tness prinip"e in the appoint.ent of ivi" servants and to !pho"d their e;!a""$-!aranteed ri-ht to 'e appointed to si.i"ar or o.para'"e positions in the reor-ani)ed a-en$onsistent with app"ia'"e "aw and iss!anes of o.petent a!thorities, 6

Invo@in- the fo""owin- provisions of the Constit!tion

Setion : BArti"e I M, The Civi" Servie Co..ission# as the entra" personne"a-en$ of the Govern.ent# shall establish a career service and adopt measures topromote morale, eciency, integrity, responsiveness, progressiveness, and courtesy inthe civil service. t shall strengthen the !rit and re!ard system, integrate all humanresources development programs for all levels and ran"s, and institutionali#e a


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management climate conducive to public accountability, It sha"" s!'.it to the(resident and the Con-ress an ann!a" report on its personne" pro-ra.s,% BE.phasiss!pp"ied,?

Setion 34# oo@ of Ee!tive Order No, 848 BThe Ad.inistrative Code of 347 whih provides

Setion 34, $ecruitment and Selection of %mployees & B" Opport!nit$ for -overn.ente.p"o$.ent sha"" 'e open to a"" ;!a"i/ed iti)ens# and positive eKorts sha"" 'e eertedto attrat the 'est ;!a"i/ed to enter the servie, E.p"o$ees sha"" 'e se"eted on the'asis of the /tness to perfor. the d!ties and ass!.e the responsi'i"ities of theposition,?

and Setion 38 of the sa.e Ee!tive Order

Se, 38, The Co..ission shall administer the Civil Serviceand sha"" have thefo""owin- powers and f!ntions Ba'dminister and enforce the constitutional andstatutory provision of the said merit systems,,, BE.phasis s!pp"ied,

respondent CSC ar-!es that the pri.ar$ o'&etive of the CSC s$ste. is to pro.ote and esta'"ishprofessiona"is. '$ ens!rin- a hi-h "eve" of .ora"e a.on- the e.p"o$ees and o2ers in the areer ivi"

servie, (!rs!ant to this onstit!tiona" .andate# the CSC ontends it sho!"d see to it that the .erits$ste. is app"ied# enfored and i.p"e.ented in personne" ations invo"vin- appoint.ents aKetin- a"""eve"s and ran@s in the ivi" servie at a"" ti.es, -

The Co!rt /nds the petition to 'e i.pressed with .erit,

(ara-raph H# Setion 4 of (residentia" Deree No, 76# otherwise @nown as the %Civi" Servie Deree ofthe (hi"ippines#0 provides

Setion 4, (o!ers and )unction of the Commission, &The Co..ission sha"" ad.inisterthe Civi" Servie and sha"" have the fo""owin- powers and f!ntions

Bh Approve a"" appoint.ents# whether ori-ina" or pro.otiona"# to positions in the ivi"servie# eept those of presidentia" appointees# .e.'ers of the Ar.ed Fores of the(hi"ippines# po"ie fores# /re.en# and &ai"-!ards# and disapprovethose where theappointees do not possess the appropriate e"i-i'i"it$ or re;!ired ;!a"i/ations, Anappoint.ent sha"" ta@e eKet i..ediate"$ !pon iss!e '$ the appointin- a!thorit$ if theappointee ass!.es his d!ties i..ediate"$ and sha"" re.ain eKetive !nti" it isdisapproved '$ the Co..ission# if this sho!"d ta@e p"ae# witho!t pre&!die to the"ia'i"it$ of the appointin- a!thorit$ for appoint.ents iss!ed in vio"ation of eistin- "awsor r!"es (rovided# /na""$# That the Co..ission sha"" @eep a reord of appoint.ents ofa"" o2ers and e.p"o$ees in the ivi" servie, A"" appoint.ents re;!irin- the approva"of the Co..ission as herein provided# sha"" 'e s!'.itted to it '$ the appointin-a!thorit$ within thirt$ da$s fro. iss!ane# otherwise the appoint.ent 'eo.esineKetive thirt$ da$s thereafter, BE.phasis s!pp"ied

Fro. the fore-oin- provision it is "ear that the CSC has the power to approve or disapproveanappoint.ent and not the power to .a@e the appoint.ent itse"f or to diret that s!h appoint.ent 'e.ade '$ the appointin- a!thorit$, The CSC an on"$ in;!ire into the e"i-i'i"it$ of the person hosen to/"" a vaant position and it /nds the person ;!a"i/ed it .!st so attest, The d!t$ of the CSC is to attestappoint.ents, That f!ntion 'ein- dishar-ed# its partiipation in the appoint.ent proess eases, 9

$ the sa.e to@en# sho!"d the CSC /nd that the appointee is not ;!a"i/ed for the position# it has thed!t$ to disapprove the appoint.ent, Thereafter# the responsi'i"it$ of appointin- the ;!a"i/ed person in


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"ie! of the dis;!a"i/ed appointee rests !pon the disretion of the appointin- a!thorit$, The CSC annotenroah !pon s!h disretion vested so"e"$ in the appointin- a!thorit$,

This Co!rt has prono!ned in no !nertain ter.s that the CSC has no a!thorit$ to revo@e anappoint.ent on the -ro!nd that another person is .ore ;!a"i/ed for a parti!"ar position, The Co!rt"i@ewise he"d that the CSC does not have the a!thorit$ to diret the appoint.ent of a s!'stit!te of itshoie, 10

(etitioner de.onstrated his deferene to the reso"!tions of the CSC disapprovin- the appoint.ents ofA-on and *a-na$on, However# in the i.p"e.entation of said reso"!tions he deided to onvene theDOTC Se"etion and (ro.otions oard to de"i'erate on the person who sho!"d 'e appointed as HeadTe"eo..!niations En-ineer a.on- ;!a"i/ed andidates in"!din- respondent Nerio *adaran-,Instead of a@now"ed-in- the a!thorit$ of petitioner to eerise its disretion in the appoint.ent of arep"ae.ent# the CSC# in eess of its &!risdition and with -rave a'!se of disretion a.o!ntin- to "a@of &!risdition# direted the appoint.ent of *adaran- as the s!'stit!te of its hoie, This at of theCSC .!st 'e str!@ down,

(rivate respondent *adaran-# 'esides his o..ent# /"ed a .otion to dis;!a"if$ the O2e of theSo"iitor Genera" fro. appearin- for petitioner and to ite petitioner in onte.pt of o!rt for the /"in-of the petition,

The So"iitor Genera" is the "aw$er of the -overn.ent# its a-enies and instr!.enta"ities# and itso2ia"s or a-ents in"!din- petitioner and p!'"i respondent, This is so provided !nder (residentia"Deree No, 57

SECTION 3, )unctions and *rgani#ation, &B3 The O2e of the So"iitor Genera" sha""represent the Govern.ent of the (hi"ippines# its a-enies and instr!.enta"ities and itso2ia"s and a-ents in an$ "iti-ation# proeedin-# investi-ation or .atter re;!irin- theservies of a "aw$er, ,,,, BE.phasis s!pp"ied, 10/A

In the dishar-e of this tas@ the So"iitor Genera" .!st see to it that the 'est interest of the-overn.ent is !phe"d within the "i.its set '$ "aw, When onfronted with a sit!ation where one-overn.ent o2e ta@es an adverse position a-ainst another -overn.ent a-en$# as in this ase# theSo"iitor Genera" sho!"d not refrain fro. perfor.in- his d!t$ as the "aw$er of the -overn.ent, It is

in!.'ent !pon hi. to present to the o!rt what he onsiders wo!"d "e-a""$ !pho"d the 'est interest ofthe -overn.ent a"tho!-h it .a$ r!n o!nter to a "ient%s position, 11In s!h an instane the-overn.ent o2e adverse"$ aKeted '$ the position ta@en '$ the So"iitor Genera"# if it sti"" 'e"ieves inthe .erit of its ase# .a$ appear in its own 'eha"f thro!-h its "e-a" personne" or representative,

In the present ase# it appears that after the So"iitor Genera" st!died the iss!es he fo!nd .erit in thea!se of the petitioner 'ased on the app"ia'"e "aw and &!rispr!dene, Th!s# it is his d!t$ to representthe petitioner as he did '$ /"in- this petition, He annot 'e dis;!a"i/ed fro. appearin- for thepetitioner even if in so doin- his representation r!ns a-ainst the interests of the CSC,

This is not the /rst ti.e that the O2e of the So"iitor Genera" has ta@en a position adverse to his"ients "i@e the CSC# the Nationa" La'or Re"ations Co..ission# a.on- others# and even the (eop"e ofthe (hi"ippines, In s!h instanes# the So"iitor Genera" neverthe"ess .anifests his opinion andreo..endation to the Co!rt whih is an inva"!a'"e aid in the disposition of the ase, On so.e

oasions he 'e-s "eave to 'e e!sed fro. intervenin- in the ase# .ore so# when the "ient hada"read$ /"ed its own o..ent diKerent fro. the stand of the So"iitor Genera" or in a sit!ation whenhe /nds the ontention of a private part$ tena'"e as a-ainst that of the -overn.ent or an$ of itsa-enies, The So"iitor Genera" has reo..ended the a;!itta" of the a!sed in appea"ed ri.ina"ases,

There are ases where a -overn.ent a-en$ de"ines the servies of the So"iitor Genera" or otherwisefai"s or ref!ses to forward the papers of the ase to hi. for appropriate ation, The Co!rt /nds and soho"ds that this pratie sho!"d 'e stopped, To repeat# the So"iitor Genera" is the "aw$er of the-overn.ent# an$ of its a-ents and o2ia"s in an$ "iti-ation# proeedin-# investi-ation or .atter


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re;!irin- the servies of a "aw$er, The eeption is when s!h o2ia"s or a-ents are 'ein- har-edri.ina""$ or are 'ein- ivi""$ s!ed for da.a-es arisin- fro. a fe"on$, 12His servies annot 'e "i-ht"$re&eted# .!h "ess i-nored '$ the o2e or o2ia"s onerned,

Indeed# the assistane of the So"iitor Genera" sho!"d 'e we"o.ed '$ the parties, He sho!"d 'e -ivenf!"" s!pport and ooperation '$ an$ a-en$ or o2ia" invo"ved in "iti-ation, He sho!"d 'e ena'"ed tofaithf!""$ dishar-e his d!ties and responsi'i"ities as the -overn.ent advoate, And he sho!"d do no

"ess for his "ients, His '!rden of assistin- in the fair and &!st ad.inistration of &!stie is "ear,

This Co!rt does not epet the So"iitor Genera" to waver in the perfor.ane of his d!t$, As a .atter offat# the Co!rt appreiates the partiipation of the So"iitor Genera" in .an$ proeedin-s and hisontin!ed fea"t$ to his assi-ned tas@, He sho!"d not therefore desist fro. appearin- 'efore this Co!rteven in those ases he /nds his opinion inonsistent with the Govern.ent or an$ of its a-ents he isepeted to represent, The Co!rt .!st 'e advised of his position &!st as we"",

(rivate respondent *adaran- a"so see@s to ho"d petitioner in onte.pt of o!rt on the -ro!nd that thepetition was /"ed in order to ir!.vent or o'viate the dis.issa" of a si.i"ar petition in this Co!rt /"ed'$ G!ido A-on and A"fonso *a-na$on, The "e-a" persona"it$ of the petitioner to /"e the petition is a"so;!estioned on the -ro!nd it was Assistant Seretar$ Si'a" and not the petitioner who iss!ed theontested appoint.ents,

The petitioner denies this ontention, He asserts that the petition was proper"$ 'ro!-ht in his na.e ashead of the DOTC as what is in iss!e is the reor-ani)ation of the said depart.ent, The petitioner doesnot disp!te the disapprova" of the appoint.ents of A-on and *a-na$on? he on"$ disa-rees with theorder of the CSC diretin- the appoint.ent of *adaran- to the ontested position, The petitioner a"soa""e-es that he was not aware of the eistene of a separate petition /"ed in this Co!rt '$ A-on and*a-na$on,

The Co!rt /nds the ar-!.ents and assertions of petitioner to 'e we"" ta@en,

It is tr!e that the reords of this Co!rt show that there is s!h a ase do@eted as G,R, No, 48695entit"ed +Guido 'gon, et al., vs. CSC et al.+ whih is a speia" ivi" ation for ertiorari with a pra$er fora writ of pre"i.inar$ in&!ntion, The petition was dis.issed for "ate /"in- in a reso"!tion dated Fe'r!ar$8# 3446,

On *arh 84# 3446 this Co!rt denied with /na"it$ the .otion for reonsideration /"ed '$ the saidpetitioners there 'ein- no o.pe""in- reason to warrant the reversa" of the ;!estioned reso"!tion,

Apparent"$# the disapprova" of the appoint.ents of A-on and *a-na$on was the iss!e in said petition,In the present petition as aforestated# petitioner $ie"ds to the disapprova" of the appoint.ent of thetwo# '!t ;!estions the a!thorit$ of the CSC to diret the appoint.ent of *adaran- to the ontestedposition,

WHEREFORE# the petition is GRANTED and the ;!estioned reso"!tions of the respondent CSC datedA!-!st 84# 3474# Nove.'er 8# 3474 and 1an!ar$ 34# 3446 are here'$ ann!""ed insofar as the$ diretthe appoint.ent of Nerio *adaran- to the ontested position, The petitioner is here'$ a!thori)ed toonvene the DOTC Se"etion and (ro.otion oard to deter.ine who sha"" rep"ae G!ido A-on andA"fonso *a-na$on to the ontested position '$ onsiderin- a"" ;!a"i/ed andidates in"!din- Nerio

*adaran-, The restrainin- order dated *arh 84# 3446 is here'$ .ade per.anent, No osts,


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