As aptly observed by the OSG the enactment of RA No 8042 in 1995 preceded the

As aptly observed by the osg the enactment of ra no

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As aptly observed by the OSG, the enactment of R.A. No. 8042 in 1995 preceded the execution of the employment contract between petitioner and respondents in 1998. Hence, it cannot be argued that R.A. No. 8042, particularly the subject clause, impaired the employment contract of the parties. Rather, when the parties executed their 1998 employment contract, they were deemed to have incorporated into it all the provisions of R.A. No. 8042. UMALI v GUINGONA GR No. 131124 March 29, 1999 VELASCO JR., J. FACTS Osmundo Umali was appointed Regional Director of BIR by Pres. Ramos. Barely a year later, Ramos received a confidential memorandum against petitioner for malfeasance, misfeasance and nonfeasance9. Ramos then authorized Umali’s preventive suspension and referred the complaint to the PCAGC10 for investigation. PCAGC then issued a resolution finding a prima facie evidence to support 6 of the 12 charges against him. Hence, Ramos issued an administrative order dismissing him with forfeiture of retirement and all benefits under the law. Umali contends that as Regional Director, he belongs to the Career Executive Service with tenurial protection who can only be removed for cause even if he is a presidential appointee under the direct authority of the President. ISSUES Whether he may be validly removed from office. HELD Petitioner failed to prove that his is a CESO eligible, which is fatal to the case. NEVERTHELESS, the court allowed him to retire with full benefits by the exercise of the Supreme Court’s “equity powers”. This is because the Commissioner of the BIR manifested to the Ombudsman that his office is no longer interested in pursuing the case, hence, giving no more basis to the Administrative order. Facts: Osmundo Umali was appointed Regional Director of the Bureau of Internal Revenue. However, a confidential memorandum against him was sent to President Ramos and thus forwarded to Presidential Commission on Anti-Graft and Corruption for investigation. Umali complied with the pleadings and hearings set by PCAGC. Umali and his lawyer did not raise clarficatory questions during the hearing. PCAGC foud prima facie evidence to support the charges and President Ramos issued AO 152 dismissing Umali. He appealed to the Office of the President but was denied. He elevated it to RTC alleging that he was not accorded due process and deprived of security of tenure. Petition for Certiorari was denied. CA reversed the decision and was
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elevated to SC. One of Umali raised the issue of the constitutionality of PCAGC as a government agency. Issue: Whether or not the contention of Umali was raised at the earliest opportunity? Decision: In lieu of the supervening events AO 152 was lifted. Regarding the constitutionality of PCAGC, it was only posed by petitioner in his motion for reconsideration before the RTC. It was certainly too late to raise the said issue for the first time at such a late stage of the proceedings.
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  • Spring '17
  • john doe

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