G.R. No. 98431 - People vs. Dela Torre

In January 1971, Isidro G. Arenas, the incumbent City Judge of San Carlos City (Pangasinan), filed a petition for mandamus in the Court of First Instance of Pangasinan.
The petition was directed against multiple respondents, including the City of San Carlos, its City Council, the Mayor, Vice-Mayor, City Councilors, City Treasurer, and the presiding judge of the local branch.

The petitioner asserted that, under Republic Act No. 5967—which took effect on June 21, 1969—city judges of second and third class cities were entitled to an annual basic salary of P18,000.00.
He contended that his actual monthly salary of P1,000.00 (comprising a P350.00 share from the national government and a P650.00 share from the city government) was deficient by P500.00 per month compared to the basic salary prescribed by the law.
He further claimed that, from June 21, 1969 until the filing of the petition, he was due a total differential of P9,500.00 payable by the City of San Carlos.
The petitioner also argued that he had repeatedly requested the respondents to appropriate the necessary budget for the payment of the salary differential, but his demands were unjustifiably ignored.
As a result of the respondents’ noncompliance, he was compelled to secure legal representation for which he incurred attorney’s fees of P2,000.00.

In their answer dated February 10, 1971, the respondents admitted certain allegations but denied the petitioner’s claim to the full salary differential.
They argued that Republic Act No. 5967 provided that the salary of a city judge should be at least P100.00 per month less than that of the city mayor, ensuring that a judge does not earn more than or equal to the chief executive of the city.
Furthermore, the respondents maintained that the payment of any salary differential remained discretionary and should consider the financial difficulties and budgetary constraints of San Carlos City, which was burdened with a significant overdraft.
They also contended that the petitioner should bear the cost of his legal fees since no right was violated by their actions.

Section 7 of Republic Act No. 5967 fixes the basic salary for city judges in second and third class cities at P18,000.00 per annum, while including a proviso that the salary of a city judge shall be at least P100.00 per month less than that of the city mayor.
During the Senate deliberations on the bill (House Bill No. 17046), debates highlighted concerns that under the initial salary fixing provision, city judges in some instances might earn more than the city mayors.
Lawmakers, including Senators Ganzon, Laurel, Almendras, and Antonino, discussed amendments to ensure that the city mayor remained the highest-paid official, which led to the inclusion of the proviso.
The petitioner argued that the primary legislative intent was to raise the salary of city judges and that the proviso should yield to the main salary fixing provisions; however, the record showed clear legislative concern to maintain the salary hierarchy with the city mayor at the top.

The Court of First Instance of San Carlos City, Branch X, rendered its decision on May 31, 1971, dismissing the petition for mandamus without pronouncing costs.

Whether the petitioner, as the City Judge, is entitled to the full salary differential amounting to the difference between the P18,000.00 basic salary and the actual salary received.
Whether the proviso in Section 7 of Republic Act No. 5967, which mandates that the city judge’s salary shall be at least P100.00 per month less than that of the city mayor, should control the application of the general salary fixing provision.
Whether the failure of the respondents to execute the necessary budgetary appropriation for the differential salary constitutes a justifiable ground for the petition for mandamus.
Whether the petitioner is entitled to recover attorney’s fees incurred in pursuing the mandamus action against the respondents.