FIRST DIVISION
[G.R. No. 242983. January 14, 2019.]
POMPEYO O. NAPAY, petitioner,vs. THE OFFICE OF THE MUNICIPAL VICE-MAYOR OF DARAGA, ALBAY, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated January 14, 2019 which reads as follows:
"G.R. No. 242983 (Pompeyo O. Napay v. The Office of the Municipal Vice-Mayor of Daraga, Albay). — After review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed decision and resolution, which upheld the Office of the Vice-Mayor's disciplinary authority over petitioner and substantively found petitioner guilty of grave misconduct, gross insubordination and conduct prejudicial to the interests of the government service.
As correctly found by both the Civil Service Commission and the CA, our jurisprudence is replete with cases that pronounce, that absent any contrary statutory provision the power to appoint carries with it the power to remove or to discipline. 1 Since petitioner's post as Secretary of the Sangguniang Bayan of Daraga is included among the positions that may be accordingly appointed by the Office of the Vice-Mayor pursuant to Section 445, of Republic Act No. 7160, 2 he may be disciplined or removed by the latter pursuant to law. With respect to the substantive findings, the principle of public office as a public trust is unyielding, and petitioner's obstinate refusal to comply with his duties falls beneath the exacting standards of public service, and cannot be countenanced.
WHEREFORE, premises considered, the petition, as well as the application for issuance of a temporary restraining order are DENIED. The assailed Decision of Court of Appeals Tenth Division dated October 30, 2018, in CA-G.R. SP No. 149627 is hereby AFFIRMED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Aguirre, Jr. v. De Castro, G.R. No. 127631, December 17, 1999, 321 SCRA 95, 104, citing Bagatsing v. Herrera, No. L-34952, July 25, 1975, 65 SCRA 434 and Lacson v. Romero, G.R. No. L-3081, 84 Phil. 740, October 14, 1949.
2. Also known as The Local Government Code of 1991.