Case Digest (G.R. No. L-34024)
Facts:
Isidro G. Arenas v. City of San Carlos (Pangasinan), G.R. No. L-34024, April 05, 1978, Supreme Court First Division, Fernandez, J., writing for the Court.
Petitioner 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, Branch X, in January 1971 seeking to compel the City of San Carlos (Pangasinan) and its local officials (Mayor, Vice‑Mayor, City Council, and City Treasurer) to appropriate and pay the salary differential allegedly owing him under Republic Act No. 5967. Petitioner alleged that RA 5967 (effective June 21, 1969) fixed the basic annual salary of city judges in second and third class cities at P18,000, while he was actually receiving P12,000 per annum (P1,000 monthly, Php350 national share and Php650 city share), leaving a P9,500 differential for the period from June 21, 1969 to the filing of the petition.
Respondents answered that RA 5967 contains a proviso that "the salary of a city judge shall be at least one hundred pesos per month less than that of the city mayor"; they pointed out that the City Mayor of San Carlos was receiving P13,200 per annum (P100 per month more than the City Judge's P12,000), and contended that, in view of that proviso and the city's financial difficulties, they were not obliged to implement an P18,000 annual salary for the city judge. The respondents also argued that the implementation of any salary differential was subject to the city government's discretion and budgetary capacity.
The Court of First Instance of San Carlos City rendered judgment on May 31, 1971 dismissing the petition for mandamus. Petitioner sought review in the Supreme Court by a petition for certiorari to review the CFI decision. The Supreme Court First Division ...(Subscriber-Only)
Issues:
- Whether, under Republic Act No. 5967, Section 7, the proviso that "the salary of a city judge shall be at least one hundred pesos per month less than that of the city mayor" limits or overrides the principal provision fixing the basic salary for city judges of second and third class cities at P18,000 per annum, thereby precluding compulsion of respondents to pa...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)