Eres no right principle does not apply batungbakal v

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ere‘s no right, principle does not applyBatungbakal v National Development Co Petitioner was suspended and removed from office which proved to be illegal and violative not only of the Administrative Code but of the Constitution itself Court ruled that to remedy the evil and wrong committed, there should be reinstatement and payment of backwages, among other things However, there was a legal problem as to his reinstatement, for when he was suspended and eventually dismissed, somebody was appointed to his position Issue: whether remedy is denied petitioner Held: position was never ―vacant‖. Since there is no vacancy, the present incumbent cannot be appointed permanently. The incumbent is only holding a temporary position. Moreover, the incumbent‘s being made to leave the post to give way to the employee‘s superior right may be considered as removal for cause Grant of jurisdictionConferred only by the Constitution or by statute Cannot be conferred by the Rules of Court Cannot be implied from the language of a statute, in the absence of clear legislative intent to that effect Pimentel v. COMELEC COMELEC has appellate jurisdiction over election cases filed with and decided by the RTC involving municipal elective officials DOES NOT IMPLY the grant of authority upon the COMELEC to issue writs of certiorari, prohibition or mandamus concerning said election cases Peo v. Palana Statute grants a special court jurisdiction over criminal cases involving offenders under 16 at the time of the filing of the action, a subsequent statute defining a youthful offender as one who is over 9 but below 21 years of age may not be so
Notes on Agpalo (2003) Statutory Construction Atty. J Golangco Alcantara, Basbano, Bautista, Gaspay, Infante, Sabio 1C ‗07 27 construed as to confer by implication upon said special court the authority to try cases involving offenders 16 but below 21 years of age What may be implied from grant of jurisdictionThe grant of jurisdiction to try actions carries with it all necessary and incidental powers to employ all writs, processes and other means essential to make its jurisdiction effective Where a court has jurisdiction over the main cause of action, it can grant reliefs incidental thereto, even if they would otherwise be outside its jurisdiction oE.g. forcible entry and detainer is cognizable in MTC… MTC can order payment of rentals even though the amount exceeds the jurisdictional amount cognizable by them, the same merely incidental to the principal action Statutes conferring jurisdiction to an administrative agency must be liberally construed to enable the agency to discharge its assigned duties in accordance with the legislative purpose oE.g. the power granted the NHA to hear and decide claims involving refund and any other claims filed xxx, include attorney‘s fees and other damagesGrant of power includes incidental powerWhere a general power is conferred or duty enjoined, every particular power necessary for the exercise

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