1 Rollo, pp. 3-31.
2 Rollo, pp. 27-33.
3 Sixteenth Division composed of J. Eugenio S. Labitoria, ponente; with JJ Cancio G. Garcia (chairman) and Artemio G. Tuquero (member), both of whom concurred.
4 Assailed Decision, p. 7; rollo, p. 33.
5 Rollo, p. 35.
6 Herein Respondent Evangeline C. de Castro was the petitioner in the assailed Decision.
7 Assailed Decision, pp. 1-3; rollo, pp. 27-29.
8 Book IV, Chapter V, Section 27; and Book V, Chapter IV, Section 47(2).
9 The case was deemed submitted for resolution on September 14, 1999, upon the receipt by the Court of the OSGs Memorandum which was signed by Asst. Sol. Gen. Carlos N. Ortega, Asst. Sol. Gen. Nestor J. Ballasillo and Solicitor Roland C. Villaluz.
10 The 5-page Memorandum for the Petitioners, p. 3; rollo, p. 205. This was signed by Maureen T. Vila, Legal Officer III of the City Legal Office of Manila.
11 SEC. 455. Chief Executive; Powers, Duties and Compensation. --- (a) The city mayor, as chief executive of the city government, shall exercise such powers and perform such duties and functions as provided by this Code and other laws.
(b) For efficient, effective and economical governance the purpose of which is the general welfare of the city and its inhabitants pursuant to Section 16 of this Code, the city mayor shall:
(1) Exercise general supervision and control over all programs, projects, services, and activities of the city government, and in this connection, shall:
x x x
(v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of city funds and whose appointments are not otherwise provided for in this Code, as well as those he may be authorized by law to appoint.
12 x x x
(x) Ensure that all executive officials and employees of the city faithfully discharge their duties and functions as provided by law and this Code, and cause to be instituted administrative or judicial proceedings against any official or employee of the city who may have committed an offense in the performance of his official duties.
13 Magtajas v. Pryce Properties Corporation, Inc., 234 SCRA 255, July 20, 1994, per Padilla, J.
14 Section 454 of the Local Government Code.
15 x x x
5. There shall be no involuntary separation, termination, or lay-off of permanent personnel of the NGAs affected by devolution.
6. Devolved permanent personnel shall enjoy security of tenure.
x x x
8. Incumbents of positions, namely, administrator, legal officer and information officer declared by the Code as coterminuous, who hold permanent appointments, shall continue to enjoy their permanent status until they vacate their positions.
12. Except as herein otherwise provided, devolved permanent personnel shall be automatically reappointed by the local chief executive concerned immediately upon their transfer which shall not go beyond June 30, 1992.
13. The rank or tenure of devolved permanent personnel shall not be reduced or impaired.
14. There shall be no diminution in pay or benefits of devolved personnel.
16 See Bagatsing v. Herrera, 65 SCRA 434, July 25, 1975; Lacson v. Romero, 84 Phil. 740, October 14, 1949.