Case Digest (G.R. No. 23222)
Facts:
The case involves Ricardo Cabaluna as the petitioner against Honorio Ventura, Chief of the Executive Bureau, and Felipe Agoncillo, Secretary of the Interior, as respondents. The events leading to this case began on October 16, 1923, when Cabaluna, who was serving as the chief of police of Iloilo, was suspended by the provincial governor due to an ongoing prosecution for alleged unfaithfulness in office (prevaricacion). Following his conviction in the Court of First Instance of Iloilo, Cabaluna appealed the decision, and the Supreme Court ultimately reversed the judgment, leading to his acquittal (People vs. Cabaluna, G.R. No. 21461). After his acquittal, the provincial governor, Ruperto Montinola, issued an executive order reinstating Cabaluna to his position and stating that he would be entitled to receive his full salary for the period of suspension, pending approval from the Secretary of the Interior. However, the Secretary of the Interior disapproved this order, citing th...
Case Digest (G.R. No. 23222)
Facts:
- 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).
- 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).
- 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.
- 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:
- Whether the chief of police is a municipal officer under Section 2192 of the Administrative Code.
- 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)