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Mila Manalo vs. Ricardo Gloria [DISSENTING OPINION, KAPUNAN, J.]

MILA MANALO, petitioner, vs. RICARDO GLORIA, in his capacity as the Acting Secretary of Science and Technology, and PATRICIA STO. TOMAS, in her capacity as the Chairman of the Civil Service Commission, respondents.

G.R. No. 106692 | 1994-09-01

KAPUNAN, J., dissenting:

Arizabal vs. Leviste and the consolidated cases involving the reorganization of various government departments and agencies, emphatically held:

We are constrained to set aside the reorganization embodied in these consolidated petitions because the heads of departments and agencies concerned have chosen to rely on their own concepts of unlimited discretion and 'progressive' ideas on reorganization instead of showing that they have faithfully complied with the clear letter and spirit of the two constitutions and the statutes governing reorganizations. 1

In dismissing the petition of the Secretary of the...