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Prepared by: Obligado

PROF. RANDOLF S. DAVID, et. Al. | VS. | GLORIA MACAPAGAL-ARROYO GR The President, during her tenure of office or actual incumbency, may not be sued in
171396 May 3, 2006 any civil or criminal case, and there is no need to provide for it in the Constituion or
law. It will degrade the dignity of the high office of the President, the Head of State,
PETITIONER: PROF. RANDOLF S. DAVID, LORENZO TAÑADA III, if he can be dragged into court litigations while serving as such. Furthermore, it is
RONALD LLAMAS, H. HARRY L. ROQUE, JR., JOEL RUIZ BUTUYAN,
important that he be freed from any form of harassment, hindrance or distraction to
ROGER R. RAYEL, GARY S. MALLARI, ROMEL REGALADO BAGARES,
CHRISTOPHER F.C. BOLASTIG, petitioners enable him to fully attend to the performance of his official duties and functions.
Unlike the legislative and judicial branch, only one constitutes the executive branch
RESPONDENTS: GLORIA MACAPAGAL-ARROYO, AS PRESIDENT AND and anything which impairs his usefulness in the discharge of the many great and
COMMANDER-IN-CHIEF, EXECUTIVE SECRETARY EDUARDO important duties imposed upon him by the Constitution necessarily impairs the
ERMITA, HON. AVELINO CRUZ II, SECRETARY OF NATIONAL operation of the Government. However, this does not mean that the President is not
DEFENSE, GENERAL GENEROSO SENGA, CHIEF OF STAFF, ARMED accountable to anyone. Like any other official, he remains accountable to the people
FORCES OF THE PHILIPPINES, DIRECTOR GENERAL ARTURO
but he may be removed from office only in the mode provided by law and that is by
LOMIBAO, CHIEF, PHILIPPINE NATIONAL POLICE, respondents
IMPEACHMENT.
SUMMARY:

DOCTRINE:

FACTS:

1.

2.

ISSUES:

1. Whether or not NEA acted in violation of the mandates of the law when it
effected the full implementation of the new salary schedule on January 1,
1997, instead of November 1, 1997.

2. Whether or not the Commission committed grave abuse of discretion


amounting to lack or excess of jurisdiction in disallowing the increased
salaries of NEA’s officials and employees for the period January 1, 1997 to
October 31, 1997

RULING:

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