Title
Cabaluna vs. Ventura
Case
G.R. No. 23222
Decision Date
Dec 29, 1924
Chief of police, suspended and acquitted, sought withheld salary; Supreme Court ruled him a municipal officer but upheld Secretary of the Interior's discretion to deny payment.
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Case Digest (G.R. No. 23222)

Facts:

  1. Petitioner's Position and Suspension: Ricardo Cabaluna was the chief of police of Iloilo until October 16, 1923, when he was suspended by the provincial governor due to a pending criminal case for unfaithfulness in office (prevaricacion).
  2. Criminal Case Outcome: Cabaluna was initially convicted in the Court of First Instance of Iloilo, but the Supreme Court reversed the decision and acquitted him (People vs. Cabaluna, G.R. No. 21461).
  3. Reinstatement and Salary Claim: After his acquittal, Governor Ruperto Montinola reinstated Cabaluna and issued an executive order stating that he was entitled to his full salary during the suspension period, subject to the approval of the Secretary of the Interior.
  4. Disapproval by the Secretary of the Interior: The Secretary of the Interior, Felipe Agoncillo, disapproved the order, citing the Attorney-General's opinion that the chief of police is not a municipal officer under Section 2192 of the Administrative Code, and thus, there was no legal basis to pay the withheld salary.

Issue:

  1. Whether the chief of police is a municipal officer under Section 2192 of the Administrative Code.
  2. Whether the Secretary of the Interior can be compelled to reverse his decision and approve the payment of Cabaluna's withheld salary.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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