Title
Antiporda vs. Ticao
Case
G.R. No. L-30796
Decision Date
Apr 15, 1988
Petitioner, with over five years of police service, was deemed civil service eligible under the Police Act of 1966; termination invalid, awarded backwages.
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Case Digest (G.R. No. L-30796)

Facts:

  1. Employment Background:

    • Petitioner Silveriano Antiporda was a member of the Iloilo City Police Department from October 3, 1960, until January 23, 1968.
    • His services were terminated by respondent City Mayor Reinerio J. Ticao on the ground that his provisional appointment had expired.
  2. Petitioner’s Claim:

    • Antiporda argued that at the time of his termination, he was already a civil service eligible and could not be dismissed without just and lawful cause.
  3. Trial Court’s Findings:

    • The trial court held that Antiporda was holding a "provisional appointment" under Section 24(c) of Republic Act 2260 and had not taken or passed the appropriate civil service examination.
    • It was not shown that he applied for eligibility under Memorandum Circular No. 6 of the Police Commission dated April 1, 1968.
    • The court concluded that Antiporda remained a "provisional" employee and could not claim security of tenure as a civil service eligible.
  4. Relevant Law:

    • Section 9 of the Police Act of 1966 (Republic Act No. 4864) provides that persons who, at the time of the approval of the Act, have rendered at least five years of satisfactory service in a provincial, city, or municipal police agency are considered civil service eligibles, even if they have not qualified in an appropriate civil service examination.
  5. Petitioner’s Service Record:

    • At the time of the approval of the Police Act of 1966 on September 8, 1966, Antiporda had already rendered more than five years of satisfactory service in the Iloilo City Police Department.

Issue:

  1. Whether petitioner Silveriano Antiporda, having rendered more than five years of satisfactory service in the Iloilo City Police Department, was deemed a civil service eligible under Section 9 of the Police Act of 1966.
  2. Whether the termination of Antiporda’s services by the respondent City Mayor was valid despite his deemed civil service eligibility.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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