No. L-28184. September 11, 1980
Main Topic – Rule 65.
FACTS
Garcia filed with the Civil Service Commission, a protest against the appointment of the Perez on the ground that she was next in rank better qualified and entitled to preferential appointment to the position of Senior Clerk. The CSC approved the appointment of Perez. Garcia then filed a petition for quo warranto with Court of First Instance of Manila, questioning the authority of Perez. to occupy and discharge the duties of the position of Senior Clerk in the Fiscal Management and Budget Division. The court a quo dismissed the complaint on the ground that the petitioner does not claim to be entitled to the position but she merely asserted a ‘preferential right’ to be appointed thereto. Under the situation, the petitioner has no cause of action against the respondent.