This case has been cited 2 times or more.
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2012-07-31 |
PERLAS-BERNABE, J. |
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| On the basis of the foregoing, it was mandatory for Governor Salapuddin to absorb the position of PHO II, as well as its incumbent, Dr. Fortunata Castillo. Highlighting the absence of discretion is the use of the word "shall" both in Section 17 (i) of R.A. No. 7160 and in Section 2(a)(2) of E.O. No. 503, which connotes a mandatory order. Its use in a statute denotes an imperative obligation and is inconsistent with the idea of discretion.[13] The only instance that the LGU concerned may choose not to absorb the NGA personnel is when absorption is not administratively viable, meaning, it would result to duplication of functions, in which case, the NGA personnel shall be retained by the national government. However, in the absence of the recognized exception, devolved permanent personnel shall be automatically reappointed [Section 2(a)(12)] by the local chief executive concerned immediately upon their transfer which shall not go beyond June 30, 1992. Webster's Third New International Dictionary defines "automatic" as "involuntary either wholly or to a major extent so that any activity of the will is largely negligible." Being "automatic", thus, connotes something mechanical, spontaneous and perfunctory.[14] | |||||
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2008-12-18 |
CARPIO MORALES, J. |
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| This technicality deserves scant consideration where the question at issue, as in this case, is one purely of law and there is no need of delving into the veracity of the allegations in the petition, which are not disputed at all by respondents.[16] | |||||