Republic of the Philippines
G.R. No. L-34433 July 31, 1974
VICENTA OLIVEROS-TORRE, assisted by her husband, FEDERICO TORRE, petitioners,
FLORES BAYOT, Assistant Executive Secretary; DR. AMADEO H. CRUZ, deceased, substituted by DR. CLEMENTE GATMAITAN, Undersecretary of Health, ADMINISTRATOR, FOOD AND DRUG ADMINISTRATION; COMMISSIONER OF CIVIL SERVICE and VIRGINIA O. BARROS, Chief Drug Inspector, Food and Drug Administration, respondents.
San Juan, Africa & Associates and Sevilla & Aquino for petitioner.
Ubaldo C. Lalim for respondent Virginia O. Barros. L. M. Pesigan for respondent Administrator, Food and Drug Administration.
Office of the Solicitor General, Dept. of Justice for other respondents.
In this petition filed on December 11, 1971, for certiorari, mandamus and quo warranto with preliminary mandatory injunction, petitioner Vicenta Oliveros-Torre challenges the right of respondent Virginia O. Barros to be promoted to and occupy the position of Chief Drug Inspector of the Food and Drug Administration, claiming that she is better qualified and next in rank.
After the parties submitted their respective memoranda, reply and comments, this case was deemed submitted for decision on June 13, 1973 (p. 198, rec.)
In a manifestation dated December 27, 1973 and filed on January 4, 1974, respondent Virginia O. Barros, through counsel, stated that the contested position of Chief Drug Inspector no longer appears in Presidential Decree No. 233 (current budget), attaching thereto a certification to said effect issued by the Acting Chief of the Financial and Management Service of the Department of Health dated December 3, 1973, which certification however adds that the position of Head Drug Inspector appears under Item No. 11, page 507 of Presidential Decree No. 233 (pp. 227-228, rec.)
On January 15, 1974, the petitioner filed a counter-manifestation stating that while the contested position is designated in the current budget as Head Drug Inspector, it is still known as Chief Drug Inspector in the payroll of the Food and Drug Administration; that the term “Chief Drug Inspector” may be classified as “Head Drug Inspector”, which is “the same dog with the not-so-different collar”; that the slight change of designation does not render this case academic; and that Administrator L. M. Pesigan of the Food and Drug Administration informed petitioner’s counsel in a letter dated January 9, 1974 that “under the present budget per Presidential Decree No. 233, the position of Chief Drug Inspector has been designated as Head Drug Inspector, with the same duties and job description as the original position title”, but added that the “present payroll however, does not reflect the new position title as yet”. (pp. 231-233, rec.)
In her subsequent manifestation dated May 3, 1974 and filed on May 14, 1974, respondent Virginia O. Barros through counsel, stated that on July 1, 1973, she was appointed Supervising Food and Drug Inspector in the Office of the Chief of Inspection and Licensing Division, Food and Drug Administration and assumed the duties of the same on the said date; and that said new position is different from the contested position of Head Drug Inspector in the current budget which was known as Chief Drug Inspector in the old budget (pp. 236-238, rec.)