Facts: Petitioner filed a complaint for libel against respondents. No. The Civil Service Act of 959 (RA 2260), which established the CSC, contained no provision prohibiting appointment or reinstatement into government service of any person already 57 years old. The argument that the petition filed with the Commission on Elections should be dismissed for tardiness is not well-taken.
In such actions, the Executive did not usurp the power vested in Congress under Section 29(1), Article VI of the Constitution that no money shall be paid out of the Treasury except in pursuance of an appropriation made by law. Respondent’s collection suit being directed against a local government unit, such money claim should have been first brought to the COA.
Petitioner, Patricio Dumlao, is a former Governor of Nueva Vizcaya, who has filed his certificate of candidacy for said position of Governor in the forthcoming elections of January 30, 1980. Enemecio filed an administrative complaint for gross misconduct, falsification of public documents, malversation, dishonesty and defamation against Bernante before the Office of the Executive Dean of CSCST-CFT.
Respondent Commission, however, invokes Section 17, Chapter 3, Subtitle A. Title I, Book V of the Administrative Code of 1987 as the source of its power to abolish the CESB. They maintain that it is only the (1)Secretary of Public Works and Communications, acting for the President, or by delegation of power, the (2)Director of CCA who could validly cancel the contract.
In the case at bar, there is no question that petitioner has taken his oath of office as an elected Mambabatas Pambansa and has been discharging his duties as such. The trial court ordered respondent Commission to give due course to the claim of herein petitioner.