Facts:

The case involves Manuel M. Aguila as the petitioner and Remigio Castro along with Mayor Jose T. Fortus as the respondents. The events leading to this case unfolded in Ibaan, Batangas, where Aguila was appointed as the chief of police on April 16, 1954. His appointment was initially temporary, and he was granted a series of extensions, with the last one being on August 1, 1963, which was also temporary and subject to replacement by a civil service eligible individual. Aguila held a third-grade civil service eligibility, which was insufficient for a permanent appointment as chief of police.

On June 25, 1964, Mayor Fortus notified Aguila that his services would be terminated effective June 30, 1964, due to his lack of appropriate civil service eligibility for a regular appointment. Subsequently, on July 1, 1964, Remigio Castro, who had been the municipal treasurer of Ibaan, was appointed to the position of chief of police. In November 1964, Aguila filed a q...

Facts:

Background of the Case

• Petitioner Manuel M. Aguila filed an original action for quo warranto to challenge the title of respondent Remigio Castro to the office of Chief of Police of Ibaan, Batangas. Aguila also sought mandamus against Mayor Jose T. Fortus to compel payment of back salaries from July 3, 1964, and damages against both respondents.

Petitioner's Eligibility and Appointments

• Aguila held a third-grade civil service eligibility, which was insufficient for a permanent appointment as Chief of Police.
• He was initially appointed as Chief of Police on April 16, 1954, and later received a probational appointment on January 1, 1960, authorized as temporary under Section 24(d) of Republic Act No. 2260.
• Similar temporary appointments were extended and approved on March 31, June 22, and July 1, 1960.
• On November 29, 1962, Aguila received another appointment, attested by the provincial treasurer as a deputy of the Commissioner of Civil Service, but this was not forwarded to the Commissioner for review.
• A final promotional appointment was extended on August 1, 1963, authorized as temporary until replaced by an eligible.

Termination of Services

• Aguila was on sick leave from January to June 30, 1964.
• On June 25, 1964, Mayor Fortus informed Aguila that his services would be terminated effective June 30, 1964, due to his lack of appropriate civil service eligibility.
• Respondent Remigio Castro, who had a second-grade civil service eligibility and was a World War II veteran, was appointed as Chief of Police effective July 1, 1964.

Petitioner's Claim

• Aguila argued that his appointment on November 29, 1962, was permanent and that the position was not vacant when Castro was appointed.
• He contended that the provincial treasurer's attestation of his appointment made it permanent, despite the lack of review by the Commissioner of Civil Service.

Issue:

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Ruling:

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Ratio:

1. Temporary Appointments: Under Section 24(d) of Republic Act No. 2260, temporary appointments are valid until replaced by an eligible and can be terminated at any time.
2. Review by Commissioner of Civil Service: Appointments attested by provincial treasurers are subject to review by the Commissioner of Civil Service within 180 days. Failure to complete this review means the appointment remains temporary.
3. Preference for Higher Eligibility and Veterans: A second-grade civil service eligible (Castro) has preference over a third-grade eligible (Aguila). Additionally, Castro's status as a World War II veteran further strengthened his claim to the position.
4. Municipal Council Confirmation: Castro's appointment was confirmed by the municipal council, as required by Section 1 of Republic Act No. 1551, whereas Aguila's appointment lacked such confirmation.