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    Galicto v. Aquino

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    Lourd Mantaring
    1) President Aquino issued Executive Order 7 in response to reports of excessive salaries and benefits of government owned corporation directors and trustees. 2) The order suspended allowances and bonuses of directors and trustees until December 31, 2010 and established guidelines for rationalizing compensation in government corporations. 3) The petition for certiorari and prohibition against the order was deemed an incorrect remedy since the issuance of an executive order is not a judicial act. Instead, a petition for declaratory relief would be the proper method to challenge the order's validity.

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    Galicto v. Aquino

    Uploaded by

    Lourd Mantaring
    33 views1 page
    1) President Aquino issued Executive Order 7 in response to reports of excessive salaries and benefits of government owned corporation directors and trustees. 2) The order suspended allowances and bonuses of directors and trustees until December 31, 2010 and established guidelines for rationalizing compensation in government corporations. 3) The petition for certiorari and prohibition against the order was deemed an incorrect remedy since the issuance of an executive order is not a judicial act. Instead, a petition for declaratory relief would be the proper method to challenge the order's validity.

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    1) President Aquino issued Executive Order 7 in response to reports of excessive salaries and benefits of government owned corporation directors and trustees. 2) The order suspended allowances and bonuses of directors and trustees until December 31, 2010 and established guidelines for rationalizing compensation in government corporations. 3) The petition for certiorari and prohibition against the order was deemed an incorrect remedy since the issuance of an executive order is not a judicial act. Instead, a petition for declaratory relief would be the proper method to challenge the order's validity.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    33 views1 page

    Galicto v. Aquino

    Uploaded by

    Lourd Mantaring
    1) President Aquino issued Executive Order 7 in response to reports of excessive salaries and benefits of government owned corporation directors and trustees. 2) The order suspended allowances and bonuses of directors and trustees until December 31, 2010 and established guidelines for rationalizing compensation in government corporations. 3) The petition for certiorari and prohibition against the order was deemed an incorrect remedy since the issuance of an executive order is not a judicial act. Instead, a petition for declaratory relief would be the proper method to challenge the order's validity.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Title: Galicto v.

    Aquino and incentives of members of the Board of


    Doctrine: Directors/Trustees until December 31, 2010
    Since the issuance of an EO is not judicial, quasi-judicial or a  Petition for Certiorari and Prohibition with Application for
    mandatory act, a petition for certiorari and prohibition is an Writ of Preliminary Injunction and/or Temporary
    incorrect remedy Restraining Order, seeking to nullify and enjoin the
    Facts: implementation of Executive Order No. (EO) 7 issued by the
     Pres. Aquino made public in his first State of the Nation Office of the President
    Address the alleged excessive allowances, bonuses and
    other benefits of Officers and Members of the Board of Issue:
    Directors of the Manila Waterworks and Sewerage System a WON the petition will prosper – NO
    government owned and controlled corporation (GOCC)
    which has been unable to meet its standing obligations. Held:
     Subsequently, the Senate of the Philippines (Senate),  Under the Rules of Court, petitions for Certiorari and
    through the Senate Committee on Government Prohibition are availed of to question judicial, quasi-judicial
    Corporations and Public Enterprises, conducted an inquiry and mandatory acts. Since the issuance of an EO is not
    in aid of legislation on the reported excessive salaries, judicial, quasi-judicial or a mandatory act, a petition for
    allowances, and other benefits of GOCCs and government certiorari and prohibition is an incorrect remedy; instead a
    financial institutions (GFIs) petition for declaratory relief under Rule 63 of the Rules of
     Senate issued Senate Resolution No. 17 urging the President Court, filed with the Regional Trial Court (RTC), is the proper
    to order the immediate suspension of the unusually large recourse to assail the validity of EO 7.
    and apparently excessive allowances, bonuses, incentives  Because of the transitory nature of EO 7, it has been
    and other perks of members of the governing boards of pointed out that the present case has already been
    [GOCCs] and [GFIs]. rendered moot by these supervening events: (1) the lapse
     Heeding the call of Congress, Pres. Aquino issued EO 7, on December 31, 2010 of Section 10 of EO 7 that suspended
    entitled Directing the Rationalization of the Compensation the allowances and bonuses of the directors and trustees of
    and Position Classification System in the [GOCCs] and [GFIs], GOCCs and GFIs; and (2) the enactment of R.A. No. 10149
    and for Other Purposes. EO 7 provided for the guiding amending the provisions in the charters of GOCCs and GFIs
    principles and framework to establish a fixed compensation empowering their board of directors/trustees to determine
    and position classification system for GOCCs and GFIs. their own compensation system, in favor of the grant of
     Finally, EO 7 ordered (1) a moratorium on the increases in authority to the President to perform this act.
    the salaries and other forms of compensation, except
    salary adjustments under EO 8011 and EO 900, of all GOCC
    and GFI employees for an indefinite period to be set by the
    President, and (2) a suspension of all allowances, bonuses

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