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Aguialar vs. Nieva Jr., et al.

PEDRO V. AGUILAR, petitioner-appellant, vs. PEDRO NIEVA, JR., HON. PEDRO M. GIMENEZ, in his capacity as Auditor General, and DEVELOPMENT BANK OF THE PHILIPPINES, respondents-appellees.

G.R. No. L-28422 | 1971-07-29

D E C I S I O N


FERNANDO, J:

The alleged disregard of the statutory requirement under Section 23 of the Civil Service Act that in case of a vacancy occurring "in any position in the competitive service in the government or in any government-owned or controlled corporation or entity, the officer or employee next in rank preferably in the same office, who is competent and qualified to hold the position" 1 should be appointed thereto, was the basis of an action for quo warranto, prohibition and mandamus which was dismissed by the lower court. In this appeal, petitioner Pedro V. Aguilar would insist on his claim to the contested position of...