Facts:

• The case involves the termination of provisional appointments of certain policemen in Cabusao, Camarines Sur.
• On January 16, 1968, Eugenio O.S. Aguilar, the Municipal Mayor of Cabusao, issued a memorandum terminating the service of certain policemen in the municipality.
• The affected patrolmen, except for one who desisted from the case, filed a petition for a writ of prohibition and a writ of preliminary injunction against the Mayor.
• The Court of First Instance issued a preliminary injunction and eventually rendered a decision in favor of the patrolmen, restraining the enforcement of the Mayor's memorandum.

Issue:

• (Unlock)

Ruling:

• The Supreme Court affirmed the decision of the Court of First Instance, holding that the termination of the patrolmen's provisional appointments without previous investiga...(Unlock)

Ratio:

• The Court's decision was based on the constitutional and statutory rights of the patrolmen to due process.
• The Court emphasized that employees in the civil service cannot be dismissed without cause and after due process.
• The patrolmen's right to due process would be violated by their ex parte separation from the public service without a prior investigation and hearing.
• The Court cited Section 32 of the Civil Service Act, which provides that no officer or employee in the civil service shall be removed or suspended except for cause as provided by law and after due process.

Court's Argument and Legal Basis:

• The Court interpreted Section 32 of the Civil Service Act, which requires a previous investigation and hearing before the removal or suspension of an officer or employee in the civil service.
• The Court rejected the argument that the patrolmen should ...continue reading