Admin Law
ADMIN LAW
1. ANTONIO H. NOBLEJAS, as Commissioner of Land Registration, petitioner, vs. CLAUDIO TEEHANKEE, as Secretary of Justice, and RAFAEL M. SALAS, as Executive Secretary,respondents.
Petition for a writ of prohibition with preliminary injunction to restrain the Secretary of Justice from investigating the official actuations of the Commissioner of Land Registration, and to declare inoperative his suspension by the Executive Secretary pending investigation.
The facts are not in dispute. Petitioner Antonio H. Noblejas is the duly appointed, confirmed and qualified Commissioner of Land Registration, a position created by Republic Act No. 1151. By the terms of section 2 of said Act, the said Commissioner is declared "entitled to the same compensation, emoluments and privileges as those of a Judge of the Court of First Instance." The appropriation laws (Rep. Acts 4642, 4856 and 5170) in the item setting forth the salary of said officer, use the following expression: 1. One Land Registration Commissioner with the rank and privileges of district judge — P19,000.00.
On March 7, 1968, respondent Secretary of Justice coursed to the petitioner a letter requiring him to explain in writing not later than March 9, 1968 why no disciplinary action should be taken against petitioner for "approving or recommending approval of subdivision, consolidation and consolidated-subdivision plans covering areas greatly in excess of the areas covered by the original titles." Noblejas answered and apprised the Secretary of Justice that, as he enjoyed the rank, privileges, emoluments and compensation of a Judge of the Court of First Instance, he could only be suspended and investigated in the same manner as a Judge of the Courts of First Instance, and, therefore, the papers relative to his case should be submitted to the Supreme Court, for action thereon conformably to section 67 of the Judiciary Act (R. A. No. 296) and Revised Rule 140 of the Rules of Court.
On March 17,
1. ANTONIO H. NOBLEJAS, as Commissioner of Land Registration, petitioner, vs. CLAUDIO TEEHANKEE, as Secretary of Justice, and RAFAEL M. SALAS, as Executive Secretary,respondents.
Petition for a writ of prohibition with preliminary injunction to restrain the Secretary of Justice from investigating the official actuations of the Commissioner of Land Registration, and to declare inoperative his suspension by the Executive Secretary pending investigation.
The facts are not in dispute. Petitioner Antonio H. Noblejas is the duly appointed, confirmed and qualified Commissioner of Land Registration, a position created by Republic Act No. 1151. By the terms of section 2 of said Act, the said Commissioner is declared "entitled to the same compensation, emoluments and privileges as those of a Judge of the Court of First Instance." The appropriation laws (Rep. Acts 4642, 4856 and 5170) in the item setting forth the salary of said officer, use the following expression: 1. One Land Registration Commissioner with the rank and privileges of district judge — P19,000.00.
On March 7, 1968, respondent Secretary of Justice coursed to the petitioner a letter requiring him to explain in writing not later than March 9, 1968 why no disciplinary action should be taken against petitioner for "approving or recommending approval of subdivision, consolidation and consolidated-subdivision plans covering areas greatly in excess of the areas covered by the original titles." Noblejas answered and apprised the Secretary of Justice that, as he enjoyed the rank, privileges, emoluments and compensation of a Judge of the Court of First Instance, he could only be suspended and investigated in the same manner as a Judge of the Courts of First Instance, and, therefore, the papers relative to his case should be submitted to the Supreme Court, for action thereon conformably to section 67 of the Judiciary Act (R. A. No. 296) and Revised Rule 140 of the Rules of Court.
On March 17,