Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1953 > December 1953 Decisions > G.R. No. L-5700 December 18, 1953 - LEONILO PAÑA v. CITY MAYOR

094 Phil 103:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-5700. December 18, 1953.]

LEONILO PAÑA, ET AL., Petitioners-Appellants, v. CITY MAYOR, ANGEL MEDINA, ET AL., Respondents-Appellees.

Engracia, Guangco, Engracia & Cebedo for Appellants.

Amado F. Gador, Valeriano S. Kaamiño, Ernesto G. Castañeda and Abelardo P. Cecilio for Appellees.


SYLLABUS


1. ADMINISTRATIVE LAW; CIVIL SERVICE LAW; APPOINTMENTS, REMOVAL AND SUSPENSION. — Where the charter of a city is silent as to appointments of the chief and members of the police force, the Civil Service Law is applicable thereto, and they may be suspended or removed only in accordance with said law.

2. ID.; ID.; REPLACEMENT OF NON-ELIGIBLES BY NON-ELIGIBLES. — The replacement of non-eligible employees by non-eligibles is lawful after the term specified in the former’s appointment has expired. The provisions of section 673, 674 and 682 of the Civil Service Law are, however, applicable to them. In accordance with section 682 of the Revised Administrative Code, when a position in the classified service, is filled by one who is not qualified civil service eligible, his appointment is limited to the period necessary to enable the appointing officer to secure a civil service eligible, qualified for the position, and in no case is such temporary appointment for a longer period than three months.


D E C I S I O N


LABRADOR, J.:


The petitioners herein were, prior to January 1, 1952, members of the police force of Ozamis City, while the respondents are the City Mayor and City Treasurer of the same. The petitioners were appointed to their respective positions between the years 1948 and 1951, without any civil service qualifications, their appointments being authorized under the provisions of Section 682 of the Revised Administrative Code (see Exhibits A-1 to W-1.) On January 1, 1952 respondent City Mayor issued a general order relieving all temporary employees of the city, including petitioners herein, of their duties effective January 1, 1952, and thereafter appointed others in their stead. None of the new appointees is a civil service eligible, except three namely, the one appointed to the position occupied by petitioner Leonilo Paña, that appointed to the position vacated by petitioner Rufino Agustin, and Jose Belazo (see Exhibits 1-4).

On January 29, 1952 the petitioners instituted the present action of mandamus to declare the above-mentioned general order, relieving them of their duties, as "unjust, arbitrary and illegal", because it deprives them of their right to hold office to which they were lawfully appointed without due process of law, and in violation of Republic Act No. 557 and the Civil Service Law and regulations. They therefore prayed that the respondent city mayor be ordered to reinstate them to their respective positions and that the respondent city treasurer be ordered to pay their salaries. The respondents filed an answer, alleging that the positions held by the petitioners in the City of Ozamis have been vacated as a result of the expiration of their three-month appointments, if they had any such appointments; that the respondent city mayor is under no obligation or duty to appoint them; and that they were separated from the service by operation of law. It therefore prayed that the action be dismissed. After issues were joined, the respondents filed a motion to dismiss on the ground that there is no sufficient cause of action. This motion to dismiss was heard and at the hearing stipulations were entered into and documents were submitted, all of which tend to prove the facts already stated above. The judgment of the Court of First Instance granted the motion and dismissed the case, and thereupon an appeal was made directly to this Court, there being none but questions of law involved in the appeal.

The petitioners were originally appointed to their respective positions by virtue of section 682 of the Revised Administrative Code. The positions of members of the police department of the City of Ozamis are embraced within the classified service, as they are not expressly included in the unclassified service (Sections 670-671, Revised Administrative Code). Under the charter creating the City (Republic Act No. 321), the appointments of the chief and members are not provided for in an express provision of the law, so they are made by the city mayor in accordance with the Civil Service Law, and they may be suspended or removed only in accordance with said law (Section 19, Republic Act No. 321). The provisions of sections 673, 674 and 682 of the Civil Service Law are, therefore, applicable to them. In accordance with section 682 of the Revised Administrative Code when a position in the classified service is filled by one who is not a qualified civil service eligible, his appointment is limited to the period necessary to enable the appointing officer to secure a civil service eligible, qualified for the position, and in no case is such temporary appointment for a longer period than 3 months. As petitioners herein were not civil service eligibles at the time of their appointment, and it does not appear that they have since then qualified for the positions they are holding, their respective appointments were only for periods of 3 months and not more. Thus, we have held in Orais, Et. Al. v. Ribo, Et. Al. (93 Phil., 985), that:jgc:chanrobles.com.ph

"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 term 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 and pursuant to section 682 of the Revised Administrative Code. . . ."cralaw virtua1aw library

Wherefore, the appeal is hereby dismissed and the judgment appealed from is hereby affirmed, with costs in both instances against petitioners. So ordered.

Paras, C.J., Pablo, Bengzon, Padilla, Tuason, Montemayor, Reyes, Jugo and Bautista Angelo, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






December-1953 Jurisprudence                 

  • G.R. No. L-6019 December 15, 1953 - THE PEOPLE OF THE PHILIPPINES v. MOTIN COCOY

    094 Phil 91

  • G.R. No. L-5461 December 17, 1953 - AMADO ABADILLA CO CAI. v. REPUBLIC OF THE PHIL.

    094 Phil 98

  • G.R. No. L-6084 December 17, 1953 - THE PEOPLE OF THE PHILIPPINES v. RICARDO CATCHERO

    094 Phil 101

  • G.R. No. L-5700 December 18, 1953 - LEONILO PAÑA v. CITY MAYOR

    094 Phil 103

  • G.R. No. L-5272 December 21, 1953 - NORMAN H. BALL v. REPUBLIC OF THE PHIL.

    094 Phil 106

  • G.R. No. L-5522 December 21, 1933

    LEONCIO HO BENLUY. ET AL., v. REPUBLIC OF THE PHIL.

    094 Phil 110

  • G.R. No. L-5761 December 21, 1953 - VICTORIANO CAPIO v. FERNANDO CAPIO

    094 Phil 113

  • G.R. No. L-5385 December 28, 1953 - PEOPLE OF THE PHIL. v. FILEMON CAGGAUAN, ET AL.

    094 Phil 118

  • G.R. No. L-3952 December 29, 1953 - MASSO HERMANOS v. DIRECTOR OF PATENTS

    094 Phil 136

  • G.R. No. L-4287 December 29, 1953 - THE PEOPLE OF THE PHILIPPINES v. GING SAM alias TABA

    094 Phil 139

  • G.R. No. L-5341 December 29, 1953 - ARSENIO TING. ARSENIO TING v. REPUBLIC OF THE PHIL.

    094 Phil 165

  • G.R. No. L-5402 December 29, 1953 - L. R. AGUINALDO & CO. INC., v. NATIONAL LABOR UNION Y CIR

    094 Phil 167

  • G.R. No. L-5545 December 29, 1953 - ALEJANDRO TANGUNAN and PELAGIO TANGUNAN v. REPUBLIC OF THE PHIL.

    094 Phil 171

  • G.R. No. L-5593 December 29, 1953 - LUIS TAN v. REPUBLIC OF THE PHIL.

    094 Phil 176

  • G.R. No. L-5711 December 29, 1953 - PEDRO PAESTE and FELIX CARPIO v. RUSTICO JAURIGUE

    094 Phil 179

  • G.R. No. L-5868 December 29, 1953 - SANCHO MONTOYA v. MARCELINO IGNACIO

    094 Phil 182

  • G.R. No. 6005 December 29, 1953 - NER J. LOPEZ v. LUCIA Y. MATIAS VDA. DE TINIO, ET AL.

    94 Phil 187

  • G.R. No. L-6080 December 29, 1953 - PEOPLE OF THE PHIL. v. AGRIPINA MAGAT DE SORIANO and RODRIGO MIRANDA

    094 Phil 188

  • G.R. No. L-6162 December 29, 1953 - YU SINGCO v. REPUBLIC OF THE PHIL.

    094 Phil 191

  • G.R. No. L-6208 December 29, 1953 - DOLORES BUENAVENTURA v. CELESTINO BUENAVENTURA ET., AL.

    094 Phil 193

  • G.R. No. L-6286 December 29, 1953 - LIM TEK GOAN v. NICASIO YATCO ETC.

    094 Phil 197

  • G.R. No. L-6304 December 29, 1953 - SERGIO V. SISON v. HELEN J. MCQUAID

    094 Phil 201

  • G.R. No. L-6340 December 29, 1953 - SULPICIO OYAO v. EMILIANO OYAO

    094 Phil 204

  • G.R. No. L-6359 December 29, 1953 - CARMEN CASTRO, ET AL. v. FRANCISCA SAGALES

    094 Phil 208

  • G.R. Nos. L-6383-84 December 29, 1953 - FILEMON SANTOS and FRANCISCO FRIAS v. HON. M. M. MEJIA

    094 Phil 211

  • G.R. No. L-6853 December 29, 1953 - FRANCISCO F. ILLESCAS v. COURT OF APPEALS, ET AL.

    094 Phil 215

  • G.R. No. L-6942 December 29, 1953 - JUAN REINANTE v. SEGUNDO APOSTOL, ETC AND ESCOBAR

    094 Phil 225