Title
Abano vs. Aguipo
Case
G.R. No. L-23850
Decision Date
Dec 24, 1965
Acting Chief of Police Guillermo D. Abano challenged his termination by President Macapagal, claiming his designation was permanent. The Supreme Court ruled his role was temporary, allowing termination at the President's discretion, dismissing Abano's quo warranto petition.
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Case Digest (G.R. No. L-23850)

Facts:

  1. Suspension of Regular Chief of Police: The regular Chief of Police of Ormoc City, Ciriaco Porcadilla, was under suspension due to a pending criminal case in the Court of Appeals.

  2. Designation of Petitioner as Acting Chief of Police: On February 17, 1960, Guillermo D. Abano was designated as Acting Chief of Police by President Garcia through Executive Secretary Natalio Castillo. The designation was to continue during the suspension of the regular incumbent. Abano qualified and assumed office on February 18, 1960.

  3. Appointment as Assistant Chief of Police: On November 17, 1961, Abano was appointed Assistant Chief of Police by the City Mayor of Ormoc City, following a resolution by the Municipal Board creating the position. Despite this, Abano continued to act as Acting Chief of Police.

  4. Termination of Abano’s Designation: On January 5, 1962, President Macapagal, through Executive Secretary Amelito Mutuc, terminated Abano’s designation as Acting Chief of Police and designated Sofronio D. Aguipo as the new Acting Chief of Police. Aguipo qualified for the office on January 9, 1962.

  5. Refusal to Recognize Aguipo: On January 15, 1962, Aguipo presented his credentials to the City Mayor, who refused to recognize him. Aguipo was denied entry to the Police Headquarters until January 18, 1962, when he was finally allowed to assume office.

  6. Abano’s Reversion to Assistant Chief of Police: After his termination, Abano reverted to his position as Assistant Chief of Police and continued to discharge the duties of that office.

  7. Quo Warranto Proceeding: On January 29, 1962, Abano filed a quo warranto proceeding against Aguipo, challenging his right to the office of Acting Chief of Police.

  8. Lower Court Decisions: The Court of First Instance initially dismissed Abano’s petition, ruling that the office of Acting Chief of Police was temporary and could be terminated at the President’s pleasure. However, upon reconsideration, the court ruled in favor of Abano, holding that his designation was not temporary and that the President could not terminate it without cause.

Issue:

  1. Whether the designation of Guillermo D. Abano as Acting Chief of Police was temporary and could be terminated at the President’s pleasure.
  2. Whether the President had the authority under Commonwealth Act No. 588 to terminate Abano’s designation and appoint Sofronio D. Aguipo as Acting Chief of Police.
  3. Whether the remedy of quo warranto was appropriate in this case.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court reversed the lower court’s decision, holding that Abano’s designation as Acting Chief of Police was temporary and could be terminated by the President. The Court dismissed Abano’s petition for quo warranto, ruling that he had no clear title to the office and that the President acted within his authority in appointing Aguipo as Acting Chief of Police.


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