Case Digest (G.R. No. L-12492)
Facts:
- Andres de la Cerna was appointed as a detective in the City of Cebu's police department on July 1, 1946, by the Mayor.
- He faced administrative charges for grave misconduct, serious irregularity in duty, and violation of law, leading to his suspension on June 7, 1953.
- After the 60-day suspension, de la Cerna requested reinstatement on August 7, 1953, citing Republic Act No. 557.
- On October 10, 1953, he was informed by the Acting Mayor that his position was abolished in the 1953-1954 General Fund Budget, resulting in termination.
- On May 5, 1956, de la Cerna filed a petition for mandamus in the Court of First Instance of Cebu to compel reinstatement and back salary.
- The trial court granted the respondents' motion to dismiss on September 11, 1956, and denied de la Cerna's motion for reconsideration on January 28, 1957.
- De la Cerna appealed, claiming the administrative case was still pending, while respondents argued he had been found guilty and dismissed.
Issue:
- (Unlock)
Ruling:
- The Supreme Court affirmed the trial court's dismissal of de la Cerna's petition for mandamus.
- The Court ruled that de la Cerna's claim for reinstatement was barred by the doctrine of abandonment, as he d...(Unlock)
Ratio:
- The Court's decision was based on the principle that individuals seeking reinstatement to a civil service position must do so within one year of separation; failure to do so results in abandonment of the office.
- De la...continue reading
Case Digest (G.R. No. L-12492)
Facts:
The case involves Andres de la Cerna as the petitioner and appellant against Sergio Osmeña, Jr., and others as respondents and appellees. On July 1, 1946, Andres de la Cerna was appointed as a detective in the City of Cebu's police department by the Mayor. He faced administrative charges for "grave misconduct, serious irregularity in the performance of his duty, and violation of law and duty," leading to his suspension on June 7, 1953. Following the expiration of the 60-day suspension period, de la Cerna wrote to the City Mayor on August 7, 1953, asserting his right to reinstatement under Republic Act No. 557. However, on October 10, 1953, he received a letter from the Acting Mayor informing him that his position had been abolished in the 1953-1954 General Fund Budget, resulting in the termination of his services.
On May 5, 1956, de la Cerna filed a petition for mandamus in the Court of First Instance of Cebu, seeking to compel the City Mayor, municipal board members, city treasurer, and city auditor to reinstate him and pay his back salary from the end of his suspension. The respondents filed a motion to dismiss, which the trial court granted on September 11, 1956, citing a precedent case. De la Cerna's motion for reco...