October 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 197762 : October 05, 2011]
CAREER EXECUTIVE SERVICE BOARD, REP. BY CHAIRPERSON BERNARDO P. ABESAMIS, EXECUTIVE DIRECTOR MA. ANTHONETTE VELASCO-ALLONES, AND DEPUTY EXECUTIVE DIRECTOR ARTURO M. LACHICA V. CIVIL SERVICE COMMISSION, REP. BY CHAIRPERSON FRANCISCO T. DUQUE III, AND PUBLIC ATTORNEY'S OFFICE, CHIEF PUBLIC ATTORNEY PERSIDA V. RUEDA-ACOSTA, ET AL.
G.R. No. 197762 (Career Executive Service Board, rep. by Chairperson Bernardo P. Abesamis, Executive Director Ma. Anthonette Velasco-Allones, and Deputy Executive Director Arturo M. Lachica v. Civil Service Commission, rep. by Chairperson Francisco T. Duque III, and Public Attorney's Office, Chief Public Attorney Persida V. Rueda-Acosta, et al.) - Without necessarily giving due course to the Petition, respondents Civil Service Commission and Public Attorney's Office are REQUIRED to file their respective comments thereon within 10 days.
Petitioner Career Executive Service Board's prayer for a temporary restraining order and/or writ of preliminary injunction is DENIED at this time, since it has failed to prove a clear legal right or entitlement thereto, or to establish any injustice or great irreparable injury that would result if the preliminary relief is not granted. (Rule 58, Sec. 4 and 5)
The Court also NOTES the Extremely Urgent Ex-Parte Manifestation dated 24 August 2011, filed by respondents Public Attorney's Office and Chief Public Attorney Persida V. Rueda-Acosta, et al.
As lawyer of the government tasked to uphold its best interest, the Office of the Solicitor General is likewise directed to COMMENT on the matter within 10 days from receipt of respondents' comments. When confronted with a situation in which one government office takes an adverse position against another, the Solicitor General should not refrain from performing his duty as the lawyer of the government, and it is incumbent upon him to present to the court what he considers would legally uphold its best interest. (Orbos v. Civil Service Commission, G. R. No. 92561, 12 September 1990, 189 SCRA 459)
In this regard, the parties are ORDERED to furnish the Office of the Solicitor General with copies of the instant Petition and the Extremely Urgent Ex-Parte Manifestation, and all other subsequent pleadings and motions that would be filed with the Court.
Very truly yours,
MA. LUISA L. LAUREA
Division Clerk of Court
By:
(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court