This case has been cited 3 times or more.
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2010-10-19 |
VELASCO JR., J. |
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| Petitioners Francisco and Hizon's lament about the TRB merely relying on, if not yielding to, the recommendation and findings of the Technical Working Group ("TWG") of the DPWH on matters relative to STOA stipulations and toll-rate fixing cannot be accorded cogency. In the area involving big finance and complex project planning, banking on the data supplied by technicians and experts is at once practical as it is inevitable. The Court cannot see its way clear to understand why petitioners would begrudge the TRB for tapping the technical know-how of others. And it cannot be overemphasized that a recommendation is no more than an exhortation or an urging as to what is advisable or expedient, not binding on the person to which it is being made.[140] To recommend involves the idea that another has the final decision.[141] The ultimate decision still rests with the TRB whether or not to accept the findings of the TWG. The minutes of the TRB meetings show that its members went through the tedious process of deliberating on the formula to be used in computing the toll rates. The fact that the TRB might have adopted the TWG's recommendation would not, on that ground alone, vitiate the bona fides of the former's decision nor stain the proceedings leading to such decision. In any case, as earlier held, the toll rate adjustment formula does not and cannot contravene the legal twin requirements of public hearing and publication. | |||||
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2005-06-30 |
PER CURIAM |
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| Clearly, the resolution of the IBP Board of Governors is merely recommendatory. The "power to recommend" includes the power to give "advice, exhortation or indorsement, which is essentially persuasive in character, not binding upon the party to whom it is made."[18] Necessarily, the "final action" on the resolution of the IBP Board of Governors still lies with this Court. Obviously, respondent's argument that we affirmed such resolution when we "noted" it is certainly misplaced. In Re: Problem of Delays in Cases Before the Sandiganbayan,[19] we held that the term "noted" means that the Court has merely taken cognizance of the existence of an act or declaration, without exercising a judicious deliberation or rendering a decision on the matter. It does not imply agreement or approval. The power to disbar belongs to the Court alone. | |||||
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2001-03-20 |
PUNO, J. |
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| "Sec. 18. Prosecution of Public Personnel or Other Person.--If the Tanodbayan has reason to believe that any public official, employee or other person has acted in a manner warranting criminal or disciplinary action or proceedings, he shall conduct the necessary investigation and shall file and prosecute the corresponding criminal or administrative case before the Sandiganbayan or the proper court or before the proper administrative agency." With the ratification of the 1987 Constitution, a new Office of the Ombudsman was created. The present Ombudsman, as protector of the people, is mandated to act promptly on complaints filed in any form or manner against public officials or employees of the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and to notify the complainants of the action taken and the result thereof.[20] He possesses the following powers, functions and duties: "1. Investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper, or inefficient; | |||||