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
Case Digest (G.R. No. 78973)
Facts:
The case involves Sultan Maminta M. Radia as the petitioner and the Review Committee under Executive Order No. 17, Hadji Abbas M. Basman, and Engineer Lacsasa H. Pangadapun as respondents. The events leading to the case began when Radia was appointed as the City Engineer of Marawi City on May 1, 1985. On April 1, 1986, Hadji Abbas M. Basman was appointed as the Officer-in-Charge (OIC) of the Office of the City Mayor of Marawi City. Following this appointment, Basman issued a memorandum directing all heads of offices to transfer their operations to the New City Hall in Bangon, Marawi City, effective April 2, 1986. On April 4, 1986, Basman issued another memorandum to Radia, alleging that city engineering equipment had been intentionally destroyed and warning him of potential consequences for failure to comply with directives regarding the transfer of equipment.
On April 30, 1986, Basman terminated Radia's appointment, citing his failure to report to work and protect city equipment, which was deemed serious insubordination and abandonment of office. On the same day, Basman appointed Pangadapun as the OIC of the Office of the City Engineer. Radia protested his termination to the Civil Service Commission (CSC), which initially sided with him but later reversed its decision upon Basman's motion for reconsideration. The CSC's Review Committee dismissed Radia's appeal on O...