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Secretary of Education vs. Gatmaitan

SECRETARY OF EDUCATION, PERSONNEL OFFICER, DIRECTOR OF PUBLIC SCHOOLS, CASHIER, SCHOOL FINANCE DIVISION and LILIA T. AREVALO, petitioners, vs. HON. MAGNO S. GATMAITAN (ponente) MANUEL P. BARCELONA and GUILLERMO S. SANTOS (concurring) as Associate Justices

G.R. No. L-35236 | 1979-06-29

D E C I S I O N

MELENCIO-HERRERA, J:

This is a Petition for Review on Certiorari of the Decision of the Court of Appeals promulgated on June 14, 1972 in CA-G.R. No. 41078-R, reversing the Decision of the Court of First Instance of Manila, Branch XXIV, dated November 9, 1967, in Civil Case No. 60784, entitled Alberto S. Ferrer vs. Secretary of Education, et al., for Injunction with Damages.

The present controversy revolves around the position of Auditor II, Range 41, in the Department of Education claimed by respondent Alberto S. Ferrer to be rightfully his but to which private petitioner Lilia T. Arevalo was appointed by then Secretary...