Facts: Petitioner filed a complaint for libel against respondents. HELD: the petition is hereby GRANTED, The CA decision affirming the Ombudsmans dismissal of petitioner IGNACIA BALICAS from office is REVERSED and SET ASIDE, and petitioners REINSTATEMENT to her position with back pay and without loss of seniority rights is hereby ordered.
By following the accepted rule in constitutional and statutory construction that an express enumeration of subjects excludes others not enumerated, it would follow that only those appointments to positions expressly stated in the first group require the consent (confirmation) of the Commission on Appointments.
But apply the provisions of the Anti-Graft Law, which authorizes the forfeiture to the State of property of a public officer or employee which is manifestly out of proportion to his salary as such public officer or employee and his other lawful income and the income from legitimately acquired property.
When, on the other hand, the administrative rule goes beyond merely providing for the means that ca facilitate or render least cumbersome the implementation of the law but substantially increases the burden of those governed, it behooves the agency to accord at least to those directly affected a chance to be heard, and thereafter to be duly informed before that new issuance is given the force and effect of law.
In essence, the Court reviewed whether a public authority should consider the public interest in disclosure outweighed the public interest in withholding the requested information for each separate exemption that could apply, and only if all exemptions resulted in the public interest in disclosure being outweighed should the information not be released.
