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    Frache Vs Hernandez 109 Phil 782 (1960)

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    geni_pearlc
    The petitioners were employees of the National Economic Council prior to July 1958 and held their positions through regular appointments. The Secretary of Commerce and Industry refused to authorize full payment of the petitioners' salaries for their new equivalent positions that were integrated into the Bureau of Census and Statistics under the 1985 Appropriations Act. The petitioners filed a writ of mandamus to compel the Secretary to authorize the salary payments. The Court held that the Secretary's refusal violated the petitioners' rights as civil servants, as the National Economic Council was under the President's authority to set salaries, not the Secretary. The writ of mandamus was granted for all petitioners except five who lacked service qualifications.

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    Frache Vs Hernandez 109 Phil 782 (1960)

    Uploaded by

    geni_pearlc
    145 views1 page
    The petitioners were employees of the National Economic Council prior to July 1958 and held their positions through regular appointments. The Secretary of Commerce and Industry refused to authorize full payment of the petitioners' salaries for their new equivalent positions that were integrated into the Bureau of Census and Statistics under the 1985 Appropriations Act. The petitioners filed a writ of mandamus to compel the Secretary to authorize the salary payments. The Court held that the Secretary's refusal violated the petitioners' rights as civil servants, as the National Economic Council was under the President's authority to set salaries, not the Secretary. The writ of mandamus was granted for all petitioners except five who lacked service qualifications.

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    (44) Frache vs Hernandez 109 Phil 782 [1960]

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    The petitioners were employees of the National Economic Council prior to July 1958 and held their positions through regular appointments. The Secretary of Commerce and Industry refused to authorize full payment of the petitioners' salaries for their new equivalent positions that were integrated into the Bureau of Census and Statistics under the 1985 Appropriations Act. The petitioners filed a writ of mandamus to compel the Secretary to authorize the salary payments. The Court held that the Secretary's refusal violated the petitioners' rights as civil servants, as the National Economic Council was under the President's authority to set salaries, not the Secretary. The writ of mandamus was granted for all petitioners except five who lacked service qualifications.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    145 views1 page

    Frache Vs Hernandez 109 Phil 782 (1960)

    Uploaded by

    geni_pearlc
    The petitioners were employees of the National Economic Council prior to July 1958 and held their positions through regular appointments. The Secretary of Commerce and Industry refused to authorize full payment of the petitioners' salaries for their new equivalent positions that were integrated into the Bureau of Census and Statistics under the 1985 Appropriations Act. The petitioners filed a writ of mandamus to compel the Secretary to authorize the salary payments. The Court held that the Secretary's refusal violated the petitioners' rights as civil servants, as the National Economic Council was under the President's authority to set salaries, not the Secretary. The writ of mandamus was granted for all petitioners except five who lacked service qualifications.

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    © All Rights Reserved
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    JAIME PAULO SANTOS DUMALIANG

    GR L-16006             October 24, 1960


    P. FRANCHE, ET AL., petitioner, 
    vs.
    THE HONORABLE P. HERNAEZ, ETC., ET AL., respondents.

    Facts:
    Petitioners were employees of the National Economic Council prior to July 1, 1958, holding
    positions by virtue of regular appointments. Petitioners have service qualifications, with the
    exception of 5 employees.

    The Secretary of Commerce and Industry did not authorize the payment of the full salaries to
    which petitioners are entitled under their old positions in the National Economic Council within
    the amounts appropriated for each and every one of them in the new positions integrated for
    them into the Bureau of the Census and Statistics in the Appropriation Act of 1985.

    Petitioners file this special action of mandamus to compel the Secretary to authorize said
    payment.

    Issue: WON refusal by the Secretary to authorize violated the rights and privileges of petitioners
    as civil service employees.

    Held:
    Yes. The position of the Secretary of Commerce and Industry cannot be sustained.

    The National Economic Council is an office in the Executive Branch. The President had
    authorized the payment of the salaries. The action cannot be countermanded by the Secretary
    who is mere subordinate of the President.

    Petitioners, with the exception of the 5, are entitled to receive the salaries for the positions they
    hold as provided in the appropriation act for 1958-1959, and so the writ of mandamus prayed for
    is granted. The petitions of Ritualo, Caldito, Sedukis, Velasquez and Mariano are hereby
    dismissed.

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