G.R. No. L-28652 - Barangan vs. Herdo

On 17 July 1961, Alfredo B. Barangan was appointed acting chief of police of San Nicolas by then-Mayor Dominador Madamba.

On 1 July 1963, Barangan received another appointment for the same position, which was later approved by the Civil Service Commissioner on 24 March 1965, with the explicit condition that the appointment would not extend beyond 30 days from the date of confirmation in the mayor’s office.

On 30 April 1965, after the appointment was confirmed, Barangan’s service was terminated by the newly installed Mayor Vicente Hernando.

Barangan, having passed the Civil Service Examination for Chiefs of Police on 20 December 1963, invoked his civil service eligibility and refused to vacate his office. He promptly appealed to the Civil Service Commissioner.

The Commissioner, after verifying Barangan’s eligibility, sent a first indorsement dated 12 May 1965, reapproving Barangan’s appointment as provisional, effective under Section 24(c) of Republic Act 2260 for a limited period, and as permanent effective 23 November 1963 under Section 24(b) of the same law.

A follow-up indorsement was forwarded on 20 April 1966 in response to Barangan’s subsequent request for implementation of the first indorsement.

On 9 January 1967, the Commissioner issued his sixth indorsement indicating that Barangan was a permanent chief of police who could only be dismissed in accordance with Republic Act No. 557. It was emphasized that his removal was unlawful and that his position remained filled, thereby invalidating any appointment in his stead.

After being rebuffed in his demand for reinstatement by the mayor and members of the municipal council, Barangan filed special civil actions for quo warranto and mandamus.

On 22 November 1967, the lower court held that the reapproval by the Commissioner had converted Barangan’s appointment into one that was no longer terminable at will by the mayor, thus ordering his reinstatement with back salaries.

The lower court dismissed the defense of prescription of the action for quo warranto, finding it academic in light of the concurrent demand for mandamus and the established right of Barangan to such relief.

Following the lower court’s decision, appeal was taken directly to the Supreme Court.

The Supreme Court reversed the lower court’s ruling, holding that the actions taken by the Civil Service Commissioner overstepped his authority regarding the nature of appointments, which remained within the discretion of the appointing officer (the Municipal Mayor).

Whether the Civil Service Commissioner had the authority to reclassify an appointment made by the Municipal Mayor from temporary to provisional and thereafter to permanent, thus altering its inherent nature.
Whether Barangan’s claim to secured tenure and the accompanying protection against summary removal was valid given the conditions originally set forth by his appointment.
Whether the termination of Barangan’s service by Mayor Hernando was legally justified, considering the limitations of civil service protections for temporary appointments.