Case Digest (G.R. No. 157783)
Facts:
Nilo Paloma v. Danilo Mora et al., G.R. No. 157783, September 23, 2005, Second Division, Chico‑Nazario, J., writing for the Court. Petitioner Nilo Paloma was appointed General Manager of the Palompon, Leyte Water District by its Board of Directors in 1993. On 29 December 1995 the Board, composed of respondents Danilo Mora, Hilario Festejo, Bryn Bongbong, Maxima Salvino (members) and designating Valentino Sevilla as Officer‑in‑Charge, passed Resolution No. 8‑95 terminating petitioner’s services.On 11 January 1996 petitioner filed a verified petition for mandamus with prayer for preliminary injunction and damages in the Regional Trial Court (RTC), Branch 17, Palompon, Leyte, seeking reinstatement as General Manager and alleging denial of due process. Respondents moved to dismiss for lack of jurisdiction and cause. On 12 March 1996 the RTC dismissed the petition as prematurely filed; petitioner’s motion for reconsideration was denied on 28 June 1996.
Separately, petitioner filed with the Civil Service Commission (CSC) a complaint for violation of Civil Service Law and illegal dismissal on 29 March 1996. The CSC dismissed that complaint for lack of prima facie case in a decision promulgated 6 November 1996. Petitioner appealed the RTC dismissal to the Court of Appeals (CA). In a Decision dated 15 November 2002 (authored by Associate Justice Eubulo G. Verzola, with Justices Jose L. Sabio and Amelita G. Tolentino concurring), the CA affirmed the RTC orders in toto; its denial of petitioner’s motion for reconsideration was reflected in a Resolution of 1 April 2003. Petitioner then filed the present petition for review on certiorari under Rule 45 before the Supreme Court seeking reversal of the CA decision.
Respondents argued below that petitioner engaged in forum shopping by pursuing CSC remedies after filing in court, that his petition was premature and moot (given alleged dissolution/absorption of the wa...(Subscriber-Only)
Issues:
- Does mandamus lie to compel the Board of Directors of the Palompon Water District to reinstate the General Manager?
- Did the Civil Service Commission have primary jurisdiction over petitioner’s claim for illegal dismissal such that the petition for manda...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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