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Torres vs. Borja, et al.

ANTONIO P. TORRES, petitioner, vs. OSCAR T. BORJA, ALEJO SANTOS, in his capacity as Acting Director of Prisons, and the HONORABLE ABELARDO SUBIDO, in his capacity as Commissioner of Civil Service, respondents.

G.R. No. L-31947 | 1974-03-21

D E C I S I O N

FERNANDO, J:

There are constitutional overtones in this certiorari proceeding to set aside the appointment of respondent Oscar T. Borja to the position of penal supervisor of the Bureau of Prisons, the other respondents being Alejo Santos, then Acting Director of Prisons, and Abelardo Subido, the then Commissioner of Civil Service, with the then Secretary of Justice, now National Defense Secretary Juan Ponce Enrile, not being proceeded against. In effect, this is a quo warranto suit, petitioner asserting a right to the contested office, alleging that his failure to be thus chosen amounted to a clear and plain disregard to...