Facts:

The case involves Romulo Cuyo, a regular member of the Baguio Police Department since February 20, 1946, as the petitioner, and the City Mayor of Baguio City, among others, as the respondents. On June 5, 1951, Cuyo was suspended from his position by Councilor Luis Lardizabal pending an investigation of multiple administrative charges filed against him by the then-City Mayor. These charges included insubordination, conduct unbecoming a peace officer, telling a lie, abandoning his post, and being absent without leave. On July 20, 1951, the City Council of Baguio passed Resolution No. 204 for Cuyo's dismissal effective that same date, based on the findings of the investigation. Cuyo appealed this decision to the Civil Service Commissioner, who, on December 20, 1951, modified his dismissal and instead ordered his transfer to another branch of the Baguio City Government while upholding the Council's actions as not being an abuse of discretion. A motion for reconsideration was

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Facts:

Background of the Case

• Romulo Cuyo, a regular member of the Baguio Police Department since February 20, 1946, faced administrative charges for various alleged infractions, including insubordination, unbecoming conduct as a peace officer, lying, abandoning his post without proper relief, and being absent without leave (AWOL).
• On June 5, 1951, pending investigation into these charges, Cuyo was suspended from office by Councilor Luis Lardizabal acting on administrative charges filed by the then City Mayor of Baguio.

Administrative Charges and Investigation

• The detailed administrative charges included:
• December 31, 1946 – Insubordination and reprehensible conduct.
• October 21, 1948 – Conduct unbecoming a peace officer, for which he was reprimanded and warned.
• April 16, 1951 – Telling a lie, leading to a severe reprimand.
• May 13, 1951 – Abandoning his post without proper relief and authority.
• May 16, 1951 – Being absent without leave (AWOL).
• Councilor Luis Lardizabal conducted the investigation and found Cuyo guilty of the charges.

Administrative Action by the City Council and Civil Service

• On July 20, 1951, the City Council of Baguio passed Resolution No. 204, ordering Cuyo's dismissal effective June 5, 1951.
• On appeal, the Civil Service Commissioner, in his decision dated December 20, 1951, recognized that Cuyo had already been punished for the individual offenses.
• The Commissioner held that the City Council and its Mayor possessed discretion in the selection of police officers and found no abuse of such discretion.
• Importantly, the decision modified the dismissal by transferring Cuyo to another branch of the Baguio City Government, thereby altering the character of the punitive measure.
• A motion for reconsideration of the Commissioner's decision was filed by Cuyo but was denied on March 13, 1952.

Petition for Mandamus and Damages

• On August 1, 1955, Cuyo instituted an action for mandamus and damages before the Court of First Instance of Baguio.
• His petition sought:
• A declaration that the investigation and administrative decision were illegal, null, and void ab initio.

ii. An order directing the respondent City Mayor to reinstate him as a member of the Baguio City Police Department. iii. Payment of back salary from June 5, 1951, until reinstatement. iv. Attorney's fees and other just and equitable reliefs.

Alleged Violation of Procedural Requirements

• Cuyo argued that his dismissal was unconstitutional since the administrative investigation was conducted by a single councilor rather than by the entire City Council, in violation of Republic Act No. 557.
• The petitioner further contended that the improper procedure nullified the administrative action, and consequently, he was illegally removed from his post as a police officer.

Delay in Filing and Implications

• Although Cuyo challenged the administrative resolution, he did not invoke mandamus until three years and five months after the denial of his motion for reconsideration by the Civil Service Commissioner.
• His delay and inaction led to the implication that he had abandoned his right to reinstatement, as established by jurisprudence on the timely filing of such actions and the concept of abandonment of office.

Issue:

• Whether the administrative investigation conducted by a single councilor, rather than the entire City Council as required by Republic Act No. 557, renders the dismissal of Cuyo illegal and null ab initio.
• Whether the remedy of mandamus, aimed at securing the reinstatement of an officer allegedly dismissed illegally, is available if the petition is filed over one year after the dismissal or final administrative action.
• Whether Cuyo’s delay in seeking reinstatement constitutes implied abandonment of his public office, thereby barring his claims for reinstatement, back pay, and damages.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)