FACTS: Petitioner Agustina M. Enemecio (Enemecio”) is a utility worker at the Cebu State College of Science and Technology, College of Fisheries Technology (CSCST-CFT”), Carmen, Cebu. Respondent thereafter filed his complaint with respondent court seeking his reinstatement. The Court agreed with petitioners that respondents were forcing the generation of savings in order to have a larger fund available for discretionary spending. The word instrumentality,” with respect to a state, contemplates an authority to which the state delegates governmental power for the performance of a state function.
Petitioners appealed to the Court of Appeals. Republic Act No. 7719 or the National Blood Services Act of 1994 was then enacted into law on April 2, 1994. If he err in the determination of that question and refuse to file articles which should be filed under the law, that decision is subject to review and correction and, upon proper showing, he will be ordered to file the articles.
The Court of Appeal reviewed the Administrative Court’s view on aggregation of public interest, and determined that the Administrative Court had erred in not following this approach. Given the skill of debtors to conceal their properties however, the decision of the respondent Judge should be set aside and held pending in the archives until petitioner tracks down the whereabouts of the defendant’s person or properties.
Tthe attempt of petitioners to strike down section 15 on the ground of undue delegation of legislative power cannot prosper. However, then Undersecretary of Justice Bello III returned petitioner’s claim to Director Lim, having considered the statements of the Chairman of the COA to the effect that the RAC being relied upon was repealed by the Administrative Code of 1987.
Petitioner appealed to CSC, which considered him a de facto officer and his appointment voidable, and moved for reconsideration but was denied, hence the present petition for certiorari. These include, but are not limited to, Freedom of Information Act requests, processes of proposing and finalizing regulations, administrative hearings, administrative searches, due process, and non-legislative rules.
