Title
Radia vs. Review Committee under Executive Order No. 17
Case
G.R. No. 78973
Decision Date
Jan 29, 1988
The court affirms the termination of a city engineer in Marawi City for repeatedly failing to comply with lawful orders.
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Case Digest (G.R. No. 78973)

Facts:

  • Sultan Maminta M. Radia was appointed as the City Engineer of Marawi City on May 1, 1985.
  • Hadji Abbas M. Basman became the Officer-in-Charge (OIC) of the Office of the City Mayor on April 1, 1986.
  • Basman issued a memorandum on April 2, 1986, directing all office heads to transfer operations to the New City Hall.
  • On April 4, 1986, Basman accused Radia of intentionally destroying city engineering equipment and warned of consequences for non-compliance.
  • Radia was terminated on April 30, 1986, for alleged serious insubordination and abandonment of office.
  • Basman appointed Engineer Lacsasa H. Pangadapun as the new OIC of the Office of the City Engineer on the same day.
  • Radia's appeal to the Civil Service Commission (CSC) was initially successful but was later reversed after Basman's motion for reconsideration.
  • The CSC's Review Committee dismissed Radia's appeal on October 10, 1986.
  • Radia appealed to the Office of the President, which upheld the Review Committee's decision on June 11, 1987.
  • Radia subsequently filed a Petition for Certiorari to nullify his termination and seek back salary.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court dismissed the Petition for Certiorari for lack of merit.
  • The Court affirmed the legality of Radia's termination and the authority of the Review Committee under Executive Order No. 17.
  • ...(Unlock)

Ratio:

  • The Court determined that Radia's termination was lawful under Article III (2) of the Provisional Constitution, which permits the removal of appointive officials without cause upon the appointment of successors.
  • Basman, as OIC, had the authority to appoint Pangadapun, justifying Radia's termination.
  • The Review Committee found that Radia's non-compliance with directives ...continue reading

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