Case Digest (G.R. No. 116850)
Facts:
- Dr. Lampa I. Pandi and Dr. Jarmila B. Macacua are the petitioners.
- Respondents include the Court of Appeals and Dr. Amer A. Saber.
- On August 9, 1993, Dr. Macacua issued a memorandum appointing Dr. Pandi as Officer-in-Charge of the Integrated Provincial Health Office-Amai Pakpak General Hospital (IPHO-APGH).
- The memorandum also transferred Dr. Mamasao Sani to the DOH-ARMM Regional Office.
- On September 15, 1993, Governor Mahid M. Mutilan appointed Dr. Saber as Officer-in-Charge of the same health office.
- Dr. Sani filed a complaint on August 12, 1993, contesting his transfer.
- Dr. Saber filed a quo warranto petition with the Court of Appeals on October 5, 1993.
- The Court of Appeals issued a temporary restraining order on October 14, 1993, against Dr. Pandi.
- Executive Order No. 133 was issued on October 29, 1993, transferring powers to the ARMM Regional Government.
- On April 15, 1994, the Court of Appeals ruled in favor of Dr. Saber, declaring him the rightful Officer-in-Charge.
- The decision was upheld on August 16, 1994, leading to a petition for review on certiorari.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted the petition, declaring Dr. Saber’s designation as Officer-in-Charge void.
- The Court upheld Dr. Pandi's designation and Dr. Sani's assignment to the DOH-ARMM Regional Office.
- The authority to appoint the provinc...(Unlock)
Ratio:
- The decision was based on the interpretation of laws regarding the appointment of provincial health officers.
- Prior to the ARMM Local Code, the National Government's Secretary of Health had the authority to appoint ...continue reading
Case Digest (G.R. No. 116850)
Facts:
The case involves Dr. Lampa I. Pandi and Dr. Jarmila B. Macacua as petitioners against the Court of Appeals and Dr. Amer A. Saber as respondents. The events leading to the case began on August 9, 1993, when Dr. Macacua, in her capacity as Regional Director and Secretary of the Department of Health of the Autonomous Region in Muslim Mindanao (DOH-ARMM), issued a memorandum designating Dr. Pandi as Officer-in-Charge of the Integrated Provincial Health Office-Amai Pakpak General Hospital (IPHO-APGH) in Lanao del Sur. This memorandum also detailed Dr. Mamasao Sani, the then provincial health officer, to the DOH-ARMM Regional Office in Cotabato City. Subsequently, on September 15, 1993, Lanao del Sur Provincial Governor Mahid M. Mutilan issued an office order designating Dr. Saber as Officer-in-Charge of the same health office.
On August 12, 1993, Dr. Sani filed a complaint with the Regional Trial Court of Lanao del Sur, challenging his transfer, claiming he held a permanent appointment as provincial health officer. On October 5, 1993, Dr. Saber filed a petition for quo warranto with the Court of Appeals, asserting his lawful designation as Officer-in-Charge. The Court of Appeals issued a temporary restraining order on October 14, 1993, preventing Dr. Pandi from performing her duties. Following various motions and the issuance of Executive Order No. 133 on October 29, 1993, which transferred the powers of the Department of Health in the region to the ARMM Regional Government, the Court of Appeals ultimately ruled on April 15, 1994, in favor of Dr. Saber, declaring him the rightful Officer-in-Charge of the IPHO-APGH. The decision was upheld in a resolution dated August 16, 1994, leading to the petition for review on certiorari.
Issue:
- Did the Court of Appeals err in holding that Dr. Saber is ...