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Lacson vs. Roque [Dissenting, BAUTISTA ANGELO, J.]

ARSENIO H. LACSON, petitioner, vs. MARIANO ROQUE, as Acting Executive Secretary, BARTOLOME GATMAITAN, as Vice-Mayor of Manila and DIONISIO OJEDA, as Acting Chief of Police of Manila, respondents. Arsenio H. Lacson, Jose P. Laurel, Ramon Diokno and Jose W. Diokno for petitioner. City Fiscal Eugenio Angeles for respondents Bartolome Gatmaitan and Dionisio Ojeda. Office of the Solicitor General Juan R. Liwag and Solicitor Felix V. Makasiar for respondents. Jesus G. Barrera and Enrique M. Fernando as amici curiae.

G.R. No. L-6225 | 1953-01-10

BAUTISTA ANGELO, J., dissenting:
 
The power of the President to remove the officials in the government service may be found in section 64(b) of the Revised Administrative Code. This section provides , among others, that the President can "remove officials from office conformably to law." In addition, he may also remove for disloyalty any person from any position of trust or authority under the government.
 
The term "officials" includes all officials of the government, whether elective of appointive, because when the law does not distinguish there is no justification to make any distinction. Ubi...