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Rafael Pastoriza Vs. Division Superintendent Of Schools 106 Phil 216

RAFAEL PASTORIZA, petitioner-appellant, vs. THE DIVISION SUPERINTENDENT OF SCHOOLS, ET AL., respondents-appellee.

G.R. No. L-14233 | 1959-09-23

D E C I S I O N


BENGZON, J.:

To prevent the respondents Division Superintendent and Assistant Division Superintendent of Schools of Cebu from investigating his alleged misconduct in office, Rafael Pastoriza, Supervisor of the Cebu Normal School commenced this special civil action of prohibition in the court of first instance of that province.
He argued that only the Commissioner of Civil Service or his immediate subordinates could validly conduct such investigation in view of sec. 495 of the Administrative Code as amended by Commonwealth Acts 177 and 598, which is quoted in the margin. Advised that the Civil Service itself had referred...