Philippine Supreme Court Jurisprudence > Year 1953 > October 1953 Decisions > G.R. No. L-4945 October 28, 1953 - TEODULO T. ORAIS, ET AL. v. MAMERTO S. RIBO, ET AL.

093 Phil 985:

This is a petition for a writ of quo warranto to test the legality of the appointments of Isidro Magallanes as deputy provincial warden, Pedro Flores as corporal of the provincial guards, and Crisanto Cab, Dalmacio Cortel, Rafael Galleon, Bienvenido Gonzales, Filomeno Adobas, Francisco Tavera, Jacinto Barro, Constancio Acasio, Tereso Kaindoy, Narciso Ravago and Arcadio Maglines, as provincial guards of Leyte, with station at Maasin; and of mandamus to compel the respondent Mamerto S. Ribo in his capacity as provincial governor to reinstate the petitioners in the positions held by his co-respondents named above, and him (Ribo) and Melecio Palma, the latter in his capacity as provincial treasurer of Leyte, to pay the unpaid salaries allegedly due the petitioners from 1 November 1950 up to the final disposition of this case, and Francisco P. Lopez, in his capacity as clerk of the Court of First Instance of Leyte, to turn over to the petitioners all the prisoners in the provincial jail.

Simultaneously on 12 April 1951 the parties entered into the following stipulations of facts, the first reading as follows —

The petitioners and the respondents Provincial Governor Mamerto S. Ribo and Provincial Treasurer Melecio Palma assisted by their respective counsels have come to the following:chanrob1es virtual 1aw library

AGREED STATEMENT OF FACTS

1. That residences of petitioners and respondents are admitted to be that of Leyte as well as of their respective capacities;

2. That the respondents admit the appointment and commissions of the petitioners per Exhibits A, A-1 to A-14. In each and every appointment of said petitioners appear the following authorization by the Acting Commissioner of Civil Service:jgc:chanrobles.com.ph

"Authorized under section 682 of the Revised Administrative Code to continue only until replaced by an eligible, but not beyond thirty (30) days from the date of receipt of the certification of eligibles, provided, there is no qualified employee from the ranks who may be promoted to the position involved.

(Sgd.) Acting Commissioner

of Civil Service"

3. That the respondent Governor Ribo addressed a communication to petitioners informing the latter that their services were ordered terminated as of the last working hours of October 31, 1950;

4. That the petitioners are all married and have their children except Felipe Enelo, Vedasto Cabales and Teotimo Mullet who are still single;

5. That the petitioners have not received their salaries corresponding to the period from October 16 to October 31, 1950 except on January 26, 1951, already;

6. That until now said petitioners have not been given their salaries corresponding to the period from November 1, 1950 up to the present;

7. That the petitioners despite the termination order issued by the Provincial Governor remained in their posts and occupied still the Provincial Jail proper in the court house of the Court of First Instance, Maasin, Leyte, until January 8, 1951, pursuant to their contention that their case is covered by Republic Act No. 557 as per telegram dated November 1, 1950 by Orais addressed to Governor Ribo as Exhibit H. That respondents Isidro Magallanes, Narciso Ravago, Bienvenido Gonzales, Constancio Acasio, Francisco Tavera, Dalmacio Cortel, Tereso Caindoy, Pedro Flores, Arcadio Maglines, Filomeno Adobas, Rafael Galeon, Crisanto Cab, Jacinto Barro, have been holding their offices in the upper story of the said court house, Court of First Instance, Maasin, Leyte, from November 1, 1950 to January 8, 1951;

8. Said respondents admit the following documents:chanrob1es virtual 1aw library

(a) Telegram by the Honorable Secretary of Justice to Provincial Fiscal Lardizabal dated November 14, 1950, Exhibit C;

(b) The communication addressed by Governor Mamerto S. Ribo to the Provincial Fiscal of Leyte, dated November 2, 1950, Exbibit D;

(c) Respondents also admit the communication addressed by the Provincial Fiscal José O. Lardizabal to the Provincial Governor dated November 13, 1950, marked Exhibit E;(c-1) Both counsels in this stipulation of facts agreed that Teodulo Orais was appointed on September 1, 1949 instead of September 1, 1950 in paragraph 1 of Exhibit E;

(d) Communication addressed by Provincial Fiscal Lardizabal to petitioner Teodulo Orais dated November 3, 1350, as Exhibit I;

(e) The communication addressed by Acting Provincial Warden Isidro P. Magallanes to petitioners herein dated December 7, 1950, Exhibit J;

(f) The telegram addressed by Fiscal Veloso to petitioner Teodulo Orais dated November 29, 1950 as Exhibit K;

(g) the telegram addressed by the Auditor General to the Provincial Auditor, Tacloban, Leyte, dated November 14, 1950, Exhibit F.

9. That said respondents admit the genuineness and due execution but not the legality and conclusion of the following:chanrob1es virtual 1aw library

Letter by the Commissioner of Civil Service José Gil addressed to Speaker Domingo Veloso dated February 15, 1951, Exhibit B, and the additional papers: Honorable Discharge of Alfredo Lucin, Exhibit B-1; Honorable discharge of Felipe Enelo, Exhibit B-2; Honorable Discharge of Manuel Kangleon, Exhibit B-3; and Honorable Discharge of Luis Marte, Exhibit B-4.

WHEREFORE, the parties to this Honorable Court, most respectfully submit the foregoing stipulation of facts with the reservation to submit such additional evidence as each party deems necessary.

Maasin, Leyte, April 12, 1951.

The second reads thus. —

COME now the parties hereto duly assisted of their respective counsels and to this Honorable Court respectfully submit stipulation of facts, as follows:chanrob1es virtual 1aw library

1. That the parties, petitioners and respondents, are residents of the Province of Leyte within the jurisdiction of this court;

2. That the position of provincial guard stationed in Maasin Provincial Jail, subject matter of this petition, were duly created by law;

3. That the petitioners were duly appointed members of the Provincial Guard Corps stationed at Maasin, Leyte, on the dates indicated after their respective names, and they duly qualified and assumed office, discharged their duties as such provincial guards on the dates hereinbelow indicated, to wit: Name of Petitioner Date of Appointment Date Assumed Position.

Name of Petitioner Date of Appointment Date Assumed Position

1. Teodulo T. Orais Sept. 1, 1949 Sept. 2, 1949 Sgt., P.G.

2. Eulalio Bernaded Sept. 1, 1949 Sept. 2, 1949 P. G.

3. Dominador Cordoves Sept. 1, 1949 Sept. 2, 1949 P. G.

4. Domingo Saligo Sept. 1, 1949 Sept. 2, 1949 P. G.

5. Teotimo Mullet Sept. 1, 1949 Sept. 2, 1949 P. G.

6. Ramon Kadavero Sept. 1, 1949 Sept. 2, 1949 P. G.

7. David Lim Sept. 1, 1949 Sept. 2, 1949 P. G.

8. Nicomedes Consejos Sept. 1, 1949 Sept. 2, 1949 P. G.

9. Vedasto Cabales Sept. 1, 1949 Sept. 2, 1949 P. G.

10. Meliton de Gracia Sept. 1, 1949 Sept. 2, 1949 P. G.

11. Margarito Basuga Sept. 1, 1949 Sept. 2, 1949 P. G.

12. Felipe Enelo Sept. 1, 1949 Sept. 2, 1949 P. G.

13. Luis Marte Sept. 1, 1949 Sept. 2, 1949 P. G.

14. Alfredo Lucin Sept. 1, 1949 Sept. 2, 1949 Actg. Cpl.

15. Manuel Kangleon Sept. 1, 1949 Sept. 2, 1949 P. G.

as shown by Exhibits A, A-1 to A-14;.

4. That petitioners Manuel Kangleon, Alfredo Lucin, Felipe Enelo and Luis Marte are veterans pursuant to Republic Act No. 65, as amended by Republic Act No. 154, but are not civil service eligibles (See Communication of Commissioner of Civil Service to Speaker Protempore Veloso, dated February 15, 1951, marked Exhibit B and additional papers as Exhibits B-1, B-2, B-3, and B-4); and the rest of the petitioners are not veterans and have not qualified in any civil service examination for the classified civil service.

5. That from the respective dates of petitioners’ assumption of office and the termination of their services, as hereinbelow indicated, to wit:chanrob1es virtual 1aw library

Name of Petitioner Assumption Termination

1. Teodulo T. Orais Sept. 2, 1949 Oct. 31, 1950

2. Eulalio Bernades Sept. 2, 1949 Oct. 31, 1950

3. Dominador Cordoves Sept. 2, 1949 Oct. 31, 1950

4. Domingo Saligo Sept. 2, 1949 Oct. 31, 1950

5. Teotimo Mullet Sept. 2, 1949 Oct. 31, 1950

6. Ramon Kadavero Sept. 2, 1949 Oct. 31, 1950

7. David Lim Sept. 2, 1949 Oct. 31, 1950

8. Nicomedes Conejos Sept. 2, 1949 Oct. 31, 1950

9. Vedasto Cabales Sept. 2, 1949 Oct. 31, 1950

10. Meliton de Gracia Sept. 2, 1949 Oct. 31, 1950

11. Margarito Basuga Sept. 2, 1949 Oct. 31, 1950

12. Felipe Enelo Sept. 2, 1949 Oct. 31, 1950

13. Luis Marte Sept. 2, 1949 Oct. 31, 1950

14. Alfredo Lucin Sept. 2, 1949 Oct. 31, 1950

15. Manuel Kangleon Sept. 2, 1949 Oct. 31, 1950.

the said petitioners have continuously performed the duties of their office regularly and without interruption;.

6. That the respondent Provincial Governor, Hon. Mamerto S. Ribo, ordered the services of each and everyone of the petitioners terminated effective as of October 31, 1950; and appointed in their stead the respondent provincial guards who qualified and assumed their respective positions and discharged the duties as such provincial guards on the dates opposite their names up to the present time as indicated below, to wit:chanrob1es virtual 1aw library

Respondents Appointment Assumed Office

Date of

1. Isidro Magallanes Oct. 31, 1950 Nov. 1, 1950

2. Pedro Flores Oct. 31, 1950 Nov. 1, 1950

3. Francisco Tavera Oct. 31, 1950 Nov. 1, 1950

4. Narciso Ravago Oct. 31, 1950 Nov. 1, 1950

5. Crisanto Cab Oct. 31, 1950 Nov. 1, 1950

6. Dalmacio Cortel Oct. 31, 1950 Nov. 1, 1950

7. Rafael Galleon Oct. 31, 1950 Nov. 1, 1950

8. Bienvenido Gonzales Oct. 31, 1950 Nov. 1, 1950

9. Filomeno Adobas Oct. 31, 1950 Nov. 1, 1950

10. Jacinto Barro Oct. 31, 1950 Nov. 1, 1950

11. Constancio Acasio Oct. 31, 1950 Nov. 1, 1950

12. Tereso Kaindoy Oct. 31, 1950 Nov. 1, 1950

13. Arcadio Maglines Oct. 31, 1950 Nov. 1, 1950

as shown by Exhibits 1, 2, 2(a), 3, 4, 4(a), 5, 6, 6(a), 7, 7(a), 8, 8(a), 9, 9(a), 10, 10(a), 11, 11(a), 12, 12(a), 13, and 13(a);

7. That the petitioners declined or refused to vacate their respective positions as provincial guards at Maasin, Leyte, in favor of respondent Provincial Governor, Hon. Mamerto S. Ribo, terminating their services effective as of October 31, 1950, and continued to hold their respective positions until January 8, 1951, when they turned over their quarters and jail facilities to the respondent provincial guards;

8. That respondent Isidro Magallanes, a civil service eligible, replaced petitioner Teodulo T. Orais, a non-eligible; respondent Pedro Flores, a civil service eligible, replaced petitioner David Lim, a non- eligible; respondent Francisco Tabera, a civil service eligible, replaced petitioner Domingo Saligo, a non-eligible; respondent Narcisco Ravago, a civil service eligible, replaced petitioner Eulalio Bernades, a non-eligible; respondent Crisanto Cab, a non-eligible, replaced petitioner Nicomedes Conejos, a non-eligible; respondent Dalmacio Cortel, a non-eligible, replaced petitioner Ramon Kadavero, a non-eligible; respondent Rafael Galleon, a non-eligible, replaced petitioner Vedasto Cabales, a non-eligible; respondent Bienvenido Gonzales, a non-eligible, replaced petitioner Felipe Enelo, a non- eligible; respondent Filomeno Adobas, a non-eligible, replaced petitioner Meliton de Gracia, a non-eligible; respondent Jacinto Barro, a non-eligible, replaced petitioner Margarito Basuga, a non- eligible; respondent Constancio Acasio, a non-eligible, replaced petitioner Luis Marte, a non-eligible; respondent Tereso Kaindoy, a non-eligible, replaced petitioner Dominador Cordoves, a non-eligible; and respondent Arcadio Maglines, a non-eligible, replaced petitioner Teotimo Mullet, a non-eligible, as shown by Exhibits 1 to 13;

9. That since the aforesaid petitioners have been duly appointed and qualified and assumed the performance of their respective offices up to the time after their services were ordered terminated effective as of October 31, 1950, they did not resign nor have they been removed either for misconduct, incompetency, disloyalty to the Philippine Government, neither have they ever committed any irregularity in the performance of their duties nor have they violated any law or duty or committed any act that may cause abandonment of their duties nor have they been investigated for cause;

10. That until the present, the respondents, Governor, Treasurer and Guards, have refused and continue to refuse the petitioners their respective positions above mentioned and they have not been paid their salaries from the time of the termination of their services or removal from their offices until the present;

11. That the respondent provincial guards were paid their salaries as such provincial guards, the first salary payment having been made on December 26, 1950, after their respective appointments have been duly authorized by the Commissioner of Civil Service and approved by the Secretary of the Interior;

12. Respondents and petitioners admit the authenticity and due execution of Exhibits A, A-1 to A-14, B, B-1 to B-4, C, D, E, F, G, H, I, J, K, L, L-1, L-2, and L-3 of petitioners and of Exhibits 1, 1(a), 1(b), 2, 2(a), 3, 4, 4(a), 4(b), 4(c), 4(d), 4(e), 4(f), 4(g), 5, 6, 6(a), 7, 7(a), 8, 8(a), 9, 9(a), 10, 10(a), 11, 11(a), 12, 12(a), 13, 13(a), 14, 15, 16 (2 pages), 17 (2 pages), 17(a), 17(b), 17(c), 17(d), 17(e), and 17(f) for respondents, respectively,

without necessarily admitting their validity, legality nor the conclusions therein contained.

WHEREFORE, the parties to this Honorable Court most respectfully submit the foregoing stipulation of facts for approval with the reservation to submit such additional evidence as each party may deem necessary.

MAASIN, Leyte, April 12, 1951.

Upon the above quoted stipulations of facts, the Court of First Instance of Leyte rendered judgment, the dispositive part of which is —

(a) Declarando a los recurrentes Teodulo Orais, Eulalio Bernades, Dominador Cordoves, Domingo Saligo, Teotimo Mullet, Ramon Cadaver, David Lim, Nicomedes Conejos, Vedasto Cabales, Meliton gento de la guardia provincial y guardias provinciales ocupados por los recurridos Isidro Magallanes, Pedro Flores, Francisco Tavera, Narciso Ravago, Crisanto Cab, Dalmacio Cortel, Rafael Galleon, Filomeno Adobas, Jacinto Barro, Tereso Caindo y Arcadio Maglines, y sobreseyendo su accion.

(b) Declarando a los recurrentes Felipe Enelo y Luis Marte con derecho de continuar en sus cargos como guardias provinciales y que los nombramientos extendidos a favor de los recurridos Bienvenido Gonzales y Constancio Acasio son contrarios a la ley, y ordenando a estos dos �ltimos que entreguen sus puestos a los referidos recurrentes Felipe Enelo y Luis Marte.

(c) Ordenando al tesorero provincial Sr. Melencio Palma, o a su sucesor que pague los sueldos de los recurrentes Felipe Enelo y Luis Marte desde al primero de Noviembre de 1950 y mientras dichos recurrentes contin�en desempeñando sus cargos legalmente.

(d) Sobreseyendo la accion de los recurrentes Manuel Kangleon y Alfredo Lucin.

(e) Absolviendo libremente de la demanda a los recurridos Mamerto S. Ribo y Francisco P. Lopez; y.

(f) Condenando a los recurrentes, excepcion de Felipe Enelo y Luis Marte, a pagar las costas del juicio.

From this judgment the petitioners, with the exception of Felipe Enelo and Luis Marte, appealed. Respondents Bienvenido Gonzales and Constancio Acasio appealed from the decision in so far as the trial court found them not entitled to the positions claimed by them.

The respondents Isidro Magallanes, Pedro Flores, Francisco Tavera and Narciso Ravago, all civil service eligibles, replaced the petitioners Teodulo T. Orais, David Lim, Domingo Saligo and Eulalio Bernades, respectively, who are not civil service eligibles. The rest of the respondents all not civil service eligibles, replaced the rest of the petitioners, except Manuel Kangleon and Alfredo Lucin, who are also not civil service eligibles. Respondents Bienvenido Gonzales and Constancio Acasio, not civil service eligibles, replaced Felipe Enelo and Luis Marte who though not civil service eligibles are veterans.

Petitioners invoke in support of their claim section 682 of the Revised Administrative Code, as amended by Commonwealth Acts Nos. 177 and 281. Said section provides:chanrob1es virtual 1aw library

Temporary appointment without examination and certification by the commissioner of civil service of his local representative shall not be made to a competitive position in any case, except when the public interests so require, and then only upon the prior authorization of the Commissioner of Civil Service; and any temporary appointment so authorized shall continue only for such period not exceeding three months as may be necessary to make appointment through certification of eligible and in no case shall extend beyond thirty days from receipt by the chief of the bureau or office of the Commissioner’s certification of eligibles; . . .

Appointments made under the section are temporary, when the public interests so require and only upon the prior authorization of the commissioner of civil service, not to exceed three months and in no case shall extend beyond thirty days from receipt by the chief of the bureau or office of the commissioner’s certification of eligibles. The fact that the petitioners held the positions for more than three months does not make them civil service eligibles. Also the fact that the acting commissioner of civil service authorized their appointments "under section 682 of the Revised Administrative Code to continue only until replaced by an eligible" does not make them eligibles. The holding of a position by a temporary appointee until replaced by an eligible in disregard of the time limitation of three months is unauthorized and illegal. The temporary appointment of other non- eligibles to replace those whose terms have expired is not prohibited. Hence the replacement of Teodulo T. Orais, David Lim, Domingo Saligo and Eulalio Bernades, who are non-eligibles, by Isidro Magallanes, Pedro Flores, Francisco Tavera and Narciso Ravago, who are eligibles, is in accordance with law. The replacement of non-eligibles by non-eligibles is lawful under the pursuant to section 682 of the Revised Administrative Code. The replacement of Felipe Enelo and Luis Marte, non-eligibles but veterans, by Bienvenido Gonzales and Constancio Acasio, who are non-eligibles, is unlawful. The former are preferred under Republic Act No. 65, as amended by Republic Act No. 154, they having been appointed within the term provided for in said Republic Acts. If the preference of a veteran is to be confined to appointment and promotion only and does not include the right to continue to hold the position to which he was appointed until an eligible is certified by the Commissioner of Civil Service, then he would be in no better situation than a non-eligible who is not a veteran. The appointment of a veteran, however, is subject to cancellation or his removal from office or employment must be made by competent authority when the Commissioner of Civil Service certifies that there is an eligible.

There is no averment in the petition that the positions held by Manuel Kangleon and Alfredo Lucin were usurped or that they were replaced by others in their positions as provincial guards. Hence the petition in so far as it concerns them must be dismissed.

Republic Act No. 557 is also invoked by the appellants Bienvenido Gonzales and Constancio Acasio. The act guarantees the tenure of office of provincial guards and members of city and municipal police who are eligibles. Non-eligibles like the two appellants do not come under the protection of the act invoked by them.

Paras, C.J., Pablo, Bengzon, Tuason, Montemayor, Reyes, Jugo, Bautista Anqelo and Labrador, JJ., concur.