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Bienvenido F. Reyes vs. Romeo G. Abeleda, Et Al.

BIENVENIDO F. REYES, petitioner-appellee, vs. ROMEO G. ABELEDA, SECRETARY OF EDUCATION, DIRECTOR OF PUBLIC SCHOOLS, COMMISSIONER OF CIVIL SERVICE & CASHIER AND DISBURSING OFFICER THE BUREAU OF PUBLIC SCHOOLS, respondents-appellants.

G.R. No. L-25491 | 1968-02-27

D E C I S I O N 


FERNANDO, J.: 

This petition, filed with the Court of First Instance of Manila, for certiorari and mandamus with preliminary injunction, calls for the determination of who, under the Civil Service Law, 1 has the right to a promotion to fill a vacancy in a competitive or classified position in the government as the person "next in rank" likewise "competent and qualified to hold the position and possessed of an appropriate civil service eligibility . . ." 

The facts are not in dispute, the case having been submitted before the lower court on a stipulation of facts. Thus: "That since June 15, 1939 and continuously...