Title
Abrot vs. Court of Appeals
Case
G.R. No. L-40641
Decision Date
Sep 9, 1982
Former La Carlota employees challenged their termination under a new administration, citing political motives and lack of due process. Courts upheld some dismissals as valid retrenchment, awarding back salaries to permanent appointees but denying reinstatement.
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Case Digest (G.R. No. L-40641)

Facts:

  1. Background of Petitioners:
    The petitioners were former employees of the City of La Carlota, Negros Occidental, holding various positions under the administration of former City Mayor Jaime Marino. Their positions and corresponding Civil Service Law provisions were as follows:

    • Filomeno Abrot: Municipal Secretary (Sec. 5(f))
    • Gorgonio Torrechilla: Market Helper (Sec. 5(g))
    • Noel Geollegue: Market Cleaner (Sec. 5(g))
    • Erlinda Castillo: Rural Health Attendant (Sec. 24(d))
    • Florentino Pagunsan: Laborer (Sec. 5(g))
    • Elias Dequina: Laborer (Sec. 5(g))
    • Francisco Seloterio: Road Foreman (Sec. 24(c))
    • Tomas Hilaga, Jr.: City Community Development Officer (Sec. 24(c))
  2. Change in Administration:
    After Mayor Jaime Marino was defeated by respondent Luis G. Jalandoni in the November 1967 local elections, Mayor Jalandoni assumed office in January 1968. Subsequently, the petitioners were separated from their positions on various grounds:

    • Filomeno Abrot was allegedly made to resign.
    • Gorgonio Torrechilla, Noel Geollegue, Erlinda Castillo, Florentino Pagunsan, Elias Dequina, and Francisco Seloterio were laid off for "lack of funds and for reasons of public interest."
    • Tomas Hilaga, Jr.'s position was abolished in the 1968-69 budget for reasons of economy.
  3. Enactment of Ordinance No. 49:
    On July 20, 1968, the Municipal Board of La Carlota enacted Ordinance No. 49, series of 1968, approving the budget for Fiscal Year 1968-69. This budget abolished 106 positions, including those of the petitioners (except Abrot).

  4. Legal Actions by Petitioners:
    The petitioners filed seven separate actions for reinstatement, payment of back salaries, and damages against the City of La Carlota and Mayor Jalandoni. They argued that their termination violated their constitutional right to security of tenure, was done without due process, and was politically motivated.

  5. Trial Court Decision:
    The Court of First Instance of Negros Occidental dismissed all complaints, finding that the termination and abolition of positions were justified due to the city's financial crisis.

  6. Court of Appeals Decision:
    The Court of Appeals modified the trial court's decision:

    • Affirmed the dismissal of complaints for Filomeno Abrot, Erlinda Castillo, Francisco Seloterio, and Tomas Hilaga, Jr.
    • Reversed the dismissal for Noel Geollegue, Florentino Pagunsan, Elias Dequina, and Gorgonio Torrechilla, ordering payment of back salaries from January 16, 1968, to June 30, 1968, without reinstatement.

Issue:

  1. Main Issue:
    Whether the retrenchment policy undertaken by the respondents justified the abolition of the petitioners' positions.

  2. Corollary Issues:

    • Whether the Court of Appeals erred in not ordering the reinstatement of petitioners Torrechilla, Geollegue, and Dequina.
    • Whether the Court of Appeals erred in finding that the appointments of petitioners Castillo and Seloterio were temporary and not entitled to security of tenure.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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