This case has been cited 3 times or more.
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2013-07-23 |
BRION, J. |
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| In her Comment[19] and Memorandum,[20] Gonzales maintained that the provincial administrator remained a career service position. Section 7[21] of Presidential Decree No. 807, which was one of the bases of the Court in Laurel V v. Civil Service Commission[22] to declare the provincial administrator as a career service position, is a verbatim copy of Section 7,[23] Chapter 2 of the Administrative Code. This classification, established by law and jurisprudence, cannot be altered by the mere implementing rules and regulations of RA 7160. And assuming arguendo that the provincial administrator position has indeed become a primarily confidential position, this reclassification should not apply retroactively to Gonzales' appointment on a permanent capacity prior to RA 7160's effectivity. | |||||
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2002-02-06 |
BELLOSILLO, J. |
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| The sole ground invoked by him for exemption from the rule on nepotism is, as above indicated: the rule does not apply to designation - only to appointment. He changed his mind only after the public respondent, in its Resolution No. 83-358, ruled that the "prohibitive mantle on nepotism would include designation, because what cannot be done directly cannot be done indirectly" and, more specifically, only when he filed his motion to reconsider said resolution. Strictly speaking, estoppel has bound petitioner to his prior admission. Per Article 1431 of the Civil Code, through estoppel an admission or representation is rendered conclusive upon the person making it, and cannot be denied or disproved as against the person relying thereon.[23] If it is true that the City Government of Makati City wanted to change its stance and consider the suspension memorandum as an error, it should have required private respondent to file an application for leave as it was its obligation to inform her of such requirement. In particular, the subsequent memorandum dropping Galzote from the rolls effective 21 January 1993 should have been sent to her at the Rizal Provincial Jail where she had been detained and where she could have received it. This Court will not confer validity upon the later memorandum which violates due process. As we ruled in Gonzales v. Civil Service Commission[24] - | |||||