Title
Barangan vs. Herdo
Case
G.R. No. L-28652
Decision Date
Feb 28, 1969
Alfredo Barangan, appointed as acting police chief, contested his termination by a new mayor. Despite civil service eligibility, his temporary appointment allowed summary removal. The Supreme Court ruled the Commissioner of Civil Service overstepped by reclassifying his appointment, upholding the mayor's authority to terminate and appoint a replacement.
Font Size:

Case Digest (G.R. No. L-28652)

Facts:

  1. Appointment and Termination:

    • Alfredo Barangan was appointed as acting chief of police of San Nicolas, Ilocos Norte, on 17 July 1961 by then-Mayor Dominador Madamba.
    • On 1 July 1963, he was reappointed to the same position. This appointment was approved by the Commissioner of Civil Service on 24 March 1965, with the condition that it would not extend beyond 30 days from receipt of confirmation in the mayor's office.
    • On 30 April 1965, Barangan's service was terminated by the new mayor, Vicente Hernando.
  2. Civil Service Eligibility and Appeal:

    • Barangan had passed the Civil Service Examination for Chiefs of Police on 20 December 1963, making him eligible for the position.
    • He refused to vacate his office and appealed to the Commissioner of Civil Service.
    • On 12 May 1965, the Commissioner reapproved Barangan's appointment as provisional under Section 24(c) of Republic Act 2260, effective 1 July 1963 to 22 November 1963, and as permanent effective 23 November 1963 under Section 24(b). The Commissioner advised Mayor Hernando to reinstate Barangan.
  3. Subsequent Developments:

    • On 5 April 1966, Mayor Hernando appointed Gregorio Damo as chief of police.
    • On 9 January 1967, the Commissioner issued a sixth indorsement, stating that Barangan was a permanent chief of police and could only be dismissed in accordance with Republic Act No. 557. The Commissioner also held that Barangan's position was not vacant and his removal was unlawful.
  4. Legal Action:

    • Barangan demanded reinstatement from the mayor and municipal council but was refused.
    • He filed a special civil action for quo warranto and mandamus in the Court of First Instance of Ilocos Norte.
    • The lower court ruled in favor of Barangan, ordering his reinstatement with back salaries.

Issue:

  1. Whether the Commissioner of Civil Service had the authority to reclassify Barangan's appointment from temporary to provisional and then to permanent.
  2. Whether Barangan, as a temporary appointee, was entitled to the protection of security of tenure under Republic Act No. 557 and the Constitution.
  3. Whether Mayor Hernando's termination of Barangan's service and appointment of Gregorio Damo were lawful.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.