Vous êtes sur la page 1sur 1

Dario vs Mison (1988)

Petitioner: CESAR Z. DARIO RULING + RATIO: Yes. The petition for certiorari is proper.
Respondent: HON. SALVADOR M. MISON, HON. VICENTE JAYME and
There is no question that the administration may validly carry out a government reorganization
HON. CATALINO MACARAIG, JR., in their respective capacities as by mandate not only of the Provisional Constitution, but also of the various Executive Orders.
Commissioner of Customs, Secretary of Finance, and Executive Secretary The Court disregards the questions raised as to procedure, failure to exhaust administrative
Ponencia: SARMIENTO, J. remedies, the standing of certain parties to sue and other technical objections, for two reasons:
a.) because of the demands of public interest, including the need for stability in the public
service, and b.) because of the serious implications of these cases on the administration of the
DOCTRINE: The questions raised by Commissioner Mison are proper Philippine civil service and the rights of public servants.
for certiorari- that is if the jurisdictional questions are questions having to do
with an indifferent disregard of the law, arbitrariness and caprice, or omission The questions raised by Commissioner Mison are proper for certiorari- that is
to weigh pertinent considerations, a decision arrived at without rational if the jurisdictional questions are questions having to do with an indifferent
deliberation, as distinguished from questions that require digging into the disregard of the law, arbitrariness and caprice, or omission to weigh pertinent
merits and unearthing errors of judgment which is the office, on the other considerations, a decision arrived at without rational deliberation, as
hand, of review under Rule 45 of the said Rules. distinguished from questions that require digging into the merits and
unearthing errors of judgment which is the office, on the other hand, of
FACTS: This is a consolidation of 7 petitions. review under Rule 45 of the said Rules.

1.) President Corazon Aquino promulgated a series of executive orders The act of the Civil Service Commission of reinstating hundreds of Customs
and directives regarding the reorganization of the government and employees has implications not only on the entire reorganization process, but
the grounds for the separation/replacement of personnel. on the Philippine bureaucracy in general. These implications are of such a
magnitude that it cannot be said that assuming that the Civil Service
2.) Pursuant to such orders, the then Commissioner of Customs Commission erred the Commission committed a plain error of judgment
Salvador Mison issued a Memorandum, providing that: that cannot be corrected by the extraordinary remedy of certiorari or any
special civil action.
a.) all officers and employees of the Department of Finance, or the
Bureau of Customs shall continue to perform their respective The SC reaffirmed the teaching of the previous case of Aratuc as regards
duties and responsibilities in a hold-over capacity; recourse to this Court with respect to rulings of the Civil Service Commission
b.) those incumbents whose positions are not carried in the new which is that judgments of the Commission may be brought to the
reorganization pattern, or who are not re- appointed, shall be Supreme Court through certiorari alone, under Rule 65 of the Rules of Court.
deemed separated from the service; and
c.) recipients of such notice would be terminated from rendering While Republic Act No. 6656 states that judgments of the Commission are
their services final and executory and hence, unappealable, under Rule
65, certiorari precisely lies in the absence of an appeal. Accordingly, the
3.) A total of 394 officials and employees of the Bureau of Customs were Court accepts Commissioner Misons petition which clearly charges the Civil
given individual notices of separation. A number supposedly sought Service Commission with grave abuse of discretion, a proper subject
reinstatement with the Reorganization Appeals Board while others of certiorari, although it may not have so stated in explicit terms.
went to the Civil Service Commission.

4.) The Civil Service Commission promulgated its ruling ordering the DISPOSITION: Wherefore, the petition is granted.
reinstatement and payment of backwages of the 279 employees.

5.) Commissioner Mison instituted certiorari proceedings with the


Supreme Court in contesting CSCs judgment.

ISSUES: W/N Misons contention via the petition for certiorari is proper