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    Niere V CFI of Negros Occidental

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    Christine Jungoy
    1) Petitioner Rodulfo Niere was appointed city engineer of La Carlota City by the city mayor in 1966 pursuant to the city charter. 2) In 1968, respondent Jose Quiambao was appointed to the same position by the President under the new Decentralization Act. 3) The court ruled that the city mayor did not have the power to appoint the city engineer under the city charter. The phrase referring to other department heads did not include the city engineer position, which could only be appointed by the President.

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    Niere V CFI of Negros Occidental

    Uploaded by

    Christine Jungoy
    62 views2 pages
    1) Petitioner Rodulfo Niere was appointed city engineer of La Carlota City by the city mayor in 1966 pursuant to the city charter. 2) In 1968, respondent Jose Quiambao was appointed to the same position by the President under the new Decentralization Act. 3) The court ruled that the city mayor did not have the power to appoint the city engineer under the city charter. The phrase referring to other department heads did not include the city engineer position, which could only be appointed by the President.

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    9. Niere v CFI of Negros Occidental

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    1) Petitioner Rodulfo Niere was appointed city engineer of La Carlota City by the city mayor in 1966 pursuant to the city charter. 2) In 1968, respondent Jose Quiambao was appointed to the same position by the President under the new Decentralization Act. 3) The court ruled that the city mayor did not have the power to appoint the city engineer under the city charter. The phrase referring to other department heads did not include the city engineer position, which could only be appointed by the President.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    62 views2 pages

    Niere V CFI of Negros Occidental

    Uploaded by

    Christine Jungoy
    1) Petitioner Rodulfo Niere was appointed city engineer of La Carlota City by the city mayor in 1966 pursuant to the city charter. 2) In 1968, respondent Jose Quiambao was appointed to the same position by the President under the new Decentralization Act. 3) The court ruled that the city mayor did not have the power to appoint the city engineer under the city charter. The phrase referring to other department heads did not include the city engineer position, which could only be appointed by the President.

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    © All Rights Reserved
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    RODULFO C. NIERE v HON.

    COURT reglementary period and that his sole


    OF FIRST INSTANCE OF NEGROS remedy is to file quo warranto proceedings
    OCCIDENTAL in court.
    Petitioner claims that he was legally
    appointed by the City Mayor of La Carlota
    FACTS: Petitioner Rodulfo C. Niere filed
    City under Section 21 of Republic Act No.
    this petition for review on certiorari seeking
    4585.
    the reversal of the decision dated December
    28, 1968 of the respondent Court. On the other hand, respondents
    maintain that the position of city engineer,
    It is undisputed that La Carlota City
    created in the Charter of La Carlota City
    was created by Republic Act No.
    (Secs. 19 & 29, R.A. No. 4585) which was
    4585 enacted on June 19, 1965. Petitioner
    enacted on June 19, 1965 and therefore
    Rodulfo C. Niere is a Civil Engineer eligible
    already existing at the time of the
    and entered the government service on
    appointment of petitioner on January 3,
    October 3, 1960 as a civil engineer aide in
    1966, can be filled up only by appointment
    the District Engineer's Office at Bacolod
    of the President of the Philippines with the
    City. On January 3, 1966, he was appointed
    confirmation of the Commission on
    city engineer of La Carlota City by then City
    Appointments under Section 4 of Republic
    Mayor Jaime Marino pursuant to the
    Act No. 5185, which expressly excepts the
    provisions of Section 21 of Republic Act
    city engineer from the appointing authority
    No. 4585, which appointment was endorsed
    of the city mayor.
    to the Commissioner of Civil Service, who
    approved the same on January 10, 1966. Section 21 of Republic Act No.
    Petitioner thereafter assumed office as such 4585 provides thus:
    city engineer of La Carlota City.
    "Appointment and
    After the enactment on July 17, removal of officials and
    1967 of the Decentralization Act, otherwise employees. — The mayor
    known as Republic Act No. 5185, private shall appoint the city
    respondent Jose K. Quiambao was appointed treasurer, the city health
    on May 14, 1968 by the President of the officer, the chief of police and
    Philippines as city engineer of La Carlota fire department, and other
    City, upon recommendation of the heads and other employees of
    Commissioner of Public Highways, who, on such city department as may
    June 17, 1968, officially informed herein be created. Said officers shall
    petitioner of said appointment of private not be suspended nor removed
    respondent Quiambao, which appointment except in the manner and for
    was duly confirmed by the Commission on causes provided by law:
    Appointments, and directed petitioner to Provided, That appointments
    turn over the office to respondent Quiambao, of heads and other employees
    who likewise on the same day June 17, of the city shall be limited to
    1908, advised petitioner that he was civil service eligible as may
    assuming as city engineer of La Carlota from time to time be certified
    City. as such by the Commissioner
    of Civil Service."
    In reply to petitioner's motion for
    reconsideration of the confirmation of ISSUE: Whether the city mayor has the power
    respondent Quiambao, the Secretary of the to appoint a city engineer pursuant to Sec. 1 of
    Commission on Appointments, in a letter the City Charter of La Carlota.
    dated June 21, 1968, informed the petitioner
    that his said motion was filed beyond the
    RULING: No, the city mayor does not have
    such power.  The phrase “and other heads and
    other employees of such departments as may be
    created” whom the mayor can appoint, refers to
    the heads of city departments that may be
    created after the law took effect, and does not
    embrace the city engineer.  To rule otherwise is
    to render the first conjunction “and” before the
    words “fire department” a superfluity and
    without meaning at all.

    STATUTORY CONSTRUCTION: Rule


    Against Surplusage – Where one reading of a
    statute would make one or more parts of the
    statute superfluous and another reading would
    avoid the superfluity, the other reading is
    preferred.

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