Case Digest (G.R. No. L-3881) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Eduardo de los Santos v. Gil R. Mallare, G.R. No. L-3881, decided on August 31, 1950, the petitioner, Eduardo de los Santos, was appointed City Engineer of Baguio on July 16, 1946, by the President of the Philippines, confirmed on August 6, and qualified for the post on August 23. He performed its duties until June 1, 1950, when the President issued an ad interim appointment of Gil R. Mallare to that same office. Mallare’s designation prompted the Undersecretary of Public Works and Communications to direct De los Santos to report to the Bureau of Public Works, but he refused to vacate. The City Mayor, Treasurer, and Auditor thereafter recognized and paid Mallare as city engineer. De los Santos filed an original action of quo warranto directly before the Supreme Court, alleging that under Article XII of the 1935 Constitution no civil service officer may be removed except for cause, and challenging the legality of Mallare’s appointment and his own displacement. Respondents admi Case Digest (G.R. No. L-3881) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Appointment and Tenure of Eduardo de los Santos
- On July 16, 1946, the President appointed Eduardo de los Santos as City Engineer of Baguio.
- The Commission on Appointments confirmed the appointment on August 6, 1946; de los Santos qualified and assumed office on August 23, 1946.
- Ad Interim Appointment of Gil R. Mallare
- On June 1, 1950, the President issued an ad interim appointment of Gil R. Mallare to the same office.
- On June 3, 1950, the Undersecretary of Public Works and Communications directed de los Santos to report for reassignment; de los Santos refused.
- The City Mayor, Treasurer, and Auditor recognized Mallare, paid him the salary of city engineer, and ignored de los Santos’s protests.
- Petition for Quo Warranto
- De los Santos filed an original action of quo warranto to challenge Mallare’s appointment and to vindicate his right to continue as City Engineer.
- He invoked Article XII, Section 4 of the Constitution: “No officer or employee in the Civil Service shall be removed or suspended except for cause as provided by law.”
- Respondents admitted that the City Engineer of Baguio is in the unclassified service under Section 2545 of the Revised Administrative Code, which authorized removal at pleasure by the President.
Issues:
- Validity of Section 2545 of the Revised Administrative Code
- Is the provision empowering the President to remove the city engineer at pleasure still operative under the Constitution?
- Did the Constitution’s civil service protection impliedly repeal Section 2545?
- Applicability of Civil Service Protection
- Does Article XII, Section 4 extend to officers in the unclassified service?
- Is the office of City Engineer of Baguio a “policy-determining,” “primarily confidential,” or “highly technical” position exempt from constitutional protection?
- Effect of Mallare’s Appointment
- If Section 2545 is no longer operative, is Mallare’s ad interim appointment valid to remove de los Santos?
- What remedies should issue in the quo warranto action?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)