Nazareno vs. City of Dumaguete

Nazareno vs. City of Dumaguete

527 SCRA 509

·       Agustin R. Perdices won over incumbent Mayor Felipe Antonio B. Remollo for the mayoralty post. He was to assume office on June 30, 2001.

·      Before Perdices’ assumption, Remollo made fifteen (15) promotional appointments, and seventy-four (74) original appointments for various positions in the city government.

·       July 2, 2001: Remollo dishonored the appointments made by Remollo.

·       Leah M. Nazareno, et al, filed with the RTC of Dumaguete City a Petition for Mandamus, Injunction and Damages against the City of Dumaguete, represented by Mayor Remollo.

·       Aug. 1, 2001: Director Abucejo of the Civil Service Commission Field Office (CSCFO) invalidated and revoked the questioned appointments as they were issued in violation of the guidelines set forth by the CSC.

·       Aug. 3, 2001: RTC issued a writ of prelim injunction against the City Government pending the final adjudication of the case. The court reversed Director Abucejo’s on the ground that the questioned appointments may only be invalidated by the Regional Office upon recommendation by the CSCFO.

·       City of Dumaguete claimed that Director Abucejo’s decision already became final after petitioner’s failed to move for reconsideration of the same. They moved for the dismissal of the injunction case. RTC denied the motion to dismiss but agreed with the finality of the decision. It permanently lifted the preliminary injunction.

·       Nazareno et al, appealed to the CA. The appeal was denied and dismissed by the court.

ISSUE:

(1)    Whether or not the petition for injunction filed by Nazareno et al. is premature? YES!

HELD/RATIO:

·      Nazareno et al. prematurely filed the injunction because there was still no invalidation of their appointments. The filing was only prompted by Mayor Perdices’ announcement that he was dishonoring the appointments made by former mayor Remollo. The invalidation only took place on August 1, 2001.

·      After the invalidation, they could still file an appeal with the CSC Regional Office. Thus, they had ample administrative remedies under the law to protect their rights but they chose to go straight to the regular courts.

·      Injunction is not designed to protect contingent or future rights, and as such, the possibility of irreparable damage without proof of actual existing right is no ground for injunction.

·      The Court refused to rule on the validity of the appointments since it was the subject of a separate petition for review before the Court of Appeals.

·      Thus, it held that there was no need for the separate case of injunction since Nazareno et al. are given by law and related rules adequate remedies to protect their rights and interests. 

How to Survive (or Conquer) Law School

The essentials. Two highlighters and a
strong dose of caffeine!

It's June once again and school is about to start, and, for some, it has already started. I just graduated (with Honors, luckily!) from Ateneo Law last April but my memories of my first year in law school are still fresh and vivid. Sleepless nights, bad recits, and constant stress. Law school is hard enough. But the harder part during first year is how to adjust to the new environment especially if you didn't take college seriously, or in other words you didn't study, only partied.

Some people would say that law school is only hard during first year, that second year to fourth year would just be a breeze. I beg to disagree. It gets harder and harder every year, not only because the subjects are more complicated, but also because your professors would expect more from you. For example, during first year, some would understand that you're unfamiliar with some legal concepts and terms. But after that, they'll assume you know all of them, more or less. Anyway, without further ado, here are my thoughts on how to survive, or better yet, conquer law school!

1. Read the originals of the assigned cases and avoid relying on digests unless you are really pressed for time. Some professors know how to catch students who didn't read the originals. Moreover, it would be easier to read and understand the original Supreme Court decisions than the digested ones, especially if they are only made by your fellow students. Trust me, you will reap the benefits of this practice once you reach junior and senior year.

2. Read to understand, not to memorize! When reading annotations, statutes, and cases, aim to understand the material instead of memorizing it, unless the professor explicitly tells you to memorize it. It would be better to recall what you read if you understood it. This will do wonders for you during recitations and exams. Plus, some professors give hypothetical situations that can only be answered if you understood what you read. Also, it would be easier to understand the law if you know the purpose or circumstances behind its passage. For example, the Writ of Amparo was passed because of the deficiencies and flaws of the Writ of Habeas Corpus.

3. Avoid too much extra-curricular activities! I'm not telling you to be a loner. It's good to have friends in law school so that you have a support group who understands what you're going through. But minimize your involvement in school organizations. At the most, join the Law Journal of your school because you'll hone your writing skills and be familiar with pressing legal issues. If you're the type who likes being busy, then go ahead and join all the organizations you want. Just be prepared to suffer low grades or  get booted out of law school.

4. Get tips from the upper batch. Different professors have different styles. Some don't repeat their questions, some do. Some verbatim, some partially modified. It would be great to know the quirks and style of the professor so that you can tailor fit your study plan accordingly. It would also save you time and effort, and, hopefully, some time to do other things aside from studying.

5. Quality over quantity. When you study, aim for quality instead of quantity. Never mind that one of your classmates has already read the material 3 to 5 times. Stick to your own pace. Even if you studied it only once or twice, you are still better off if you took time to understand, analyze and interweave the law and the court's interpretation of the law.

And finally, never forget to pray. Pray that someone else gets called, not you! Especially if you are not prepared to recite the law or the case!