Académique Documents
Professionnel Documents
Culture Documents
*
G.R. No. 132248. January 19, 2000.
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* SECOND DIVISION.
440
441
442
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BELLOSILLO, J.:
1
Appeals dismissing the petition for certiorari filed by then
DECS Secretary Ricardo T. Gloria for lack of merit, as well
as its Resolution dated 13 January 1998 denying
reconsideration thereof.
On 26 July 1994 former DECS Secretary Ricardo T.
Gloria filed a complaint against respondent Maria Luisa C.
Moral, then Chief Librarian, Catalog Division, of the
National Library for dishonesty, grave misconduct and
conduct prejudicial to the best interest of the service. The
complaint charged respondent Moral with the pilferage of
some historical documents from the vaults of the
Filipiniana and Asian Division (FAD) of the National
Library which were under her control and supervision as
Division Chief and keeping in her possession, without legal
authority and justification, some forty-one (41) items of
historical documents which were missing from the FAD
vaults of the National Library.
The DECS Investigating Committee conducted several
hearings on the complaint. Atty. Jose M. Diaz, Special
Prosecutor from the Department of Justice, represented the
DECS Secretary in the administrative case while
respondent was represented by her own private counsel.
On 25 September 1996 Secretary Gloria issued a resolution
finding respondent “guilty of the administrative offenses of
dishonesty, grave misconduct and conduct prejudicial to
the best interest of the service, for the commission of
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444
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2 Rollo, p. 40.
3 Rollo, p. 42.
4 Docketed as Civil Case No. 97-81493 entitled “Moral v. Gloria,” and
assigned to RTC-Br. 50, Manila.
445
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After hearing, the court may dismiss the action or claim, deny the
motion or order the amendment of the pleading.
The court shall not defer the resolution of the motion for the
reason that the ground relied upon is not indubitable. In every
case, the resolution shall state clearly and distinctly the reasons
therefor (italics supplied).
April 8, 1997.
Respondent premised his motion on the following grounds: (a)
Mandamus does not lie to compel respondent DECS Secretary to
release the Report of the DECS Investigating Committee because
the Petition does not state a cause of action; (b) The DECS
Resolution dismissing petitioner is legal and valid, and therefore,
the writ of preliminary injunction cannot be granted to enjoin its
execution; while petitioner alleged among others that she has no
plain, speedy and adequate remedy in the ordinary course of law.
Mandamus is employed to compel the performance, when
refused, of a ministerial duty, this being its main objective.
“Purely
447
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449
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7 PD No. 807, EO No. 292, and Rule II, Sec. 1 of Memorandum Circular
No. 44, Series of 1990, of the Civil Service Commission, spell out the
initial remedy of respondent against dismissal. These categorically
provide that the party aggrieved by a decision, ruling, order or action of an
agency of the government involving termination of services may appeal to
the Civil Service Commission within fifteen (15) days from notice.
8 G.R. No. 101666, 9 June 1992, 209 SCRA 695.
9 Records, p. 44.
450
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452
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