D E C I S I O N
FERNANDO, J:
The specific question in this suit for mandamus is whether or not respondent Commissioner of Civil Service could render nugatory the choice by the Mayor of Pasay City of the principal petitioner, Segundo C. Mastrili, as the City Legal Officer, unless it could be shown that such appointment was from a list of five next ranking eligible and qualified persons as certified to by respondent official. 1 For reasons to be set forth, we hold that he could not. Accordingly, mandamus lies.
The facts are undisputed. The Municipal Board of Pasay City enacted an ordinance 2 creating the position of the City Legal...
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