Case Digest (G.R. No. L-11169)
Facts:
- Felipe Hortillosa began his government career as a patrolman in the Iloilo City police department in 1936.
- He passed the civil service examination for patrolmen on September 18, 1937, and received promotions to corporal, sergeant, second lieutenant, and captain by June 23, 1955.
- His promotion to captain was a temporary appointment authorized by the Commissioner of Civil Service under Section 682 of the Revised Administrative Code.
- On April 4, 1956, Mayor Rodolfo Ganzon issued Executive Order No. 15, terminating Hortillosa's services as captain and declaring the position vacant.
- Hortillosa acknowledged the executive order on April 6, 1956, and later sought reinstatement through his attorney on May 7, 1956, citing protection under Republic Act No. 557.
- The Mayor did not respond to either communication.
- On May 10, 1956, Hortillosa filed a petition for a writ of mandamus in the Court of First Instance of Iloilo, seeking to declare the executive order illegal and compel his reinstatement.
- The Mayor argued that Hortillosa's appointment was temporary and could be replaced at any time.
- The lower court dismissed the petition without costs, prompting Hortillosa to appeal.
Issue:
- (Unlock)
Ruling:
- The court ruled that the termination of Felipe Hortillosa's services as captain was lawful.
- The court held that Hortillosa was not...(Unlock)
Ratio:
- The court's decision was based on the understanding that Hortillosa's appointment as captain was temporary, as per Section 682 of the Revised Administrative Code.
- The law allows for the termination of temporary appointments and replacement by eligible candidates at any time.
- Hortillosa had not passed the civil service examination for the rank of captain, which is necessary for a permanent appointmen...continue reading
Case Digest (G.R. No. L-11169)
Facts:
Felipe Hortillosa, the petitioner and appellant, began his career in the government as a patrolman in the Iloilo City police department in 1936. He successfully passed the civil service examination for patrolmen on September 18, 1937, and subsequently received promotions to the ranks of corporal, sergeant, second lieutenant, and finally to captain on June 23, 1955. This last promotion was authorized by the Commissioner of Civil Service as a temporary appointment under Section 682 of the Revised Administrative Code. On April 4, 1956, the Mayor of Iloilo City, Rodolfo Ganzon, issued Executive Order No. 15, which terminated Hortillosa's services as captain and declared his position vacant effective the following day. Following this, Hortillosa sent a letter to the Mayor on April 6, 1956, acknowledging receipt of the executive order and inquiring about the status of his service. On May 7, 1956, his attorney wrote to the Mayor requesting reinstatement, citing protection under Republic Act No. 557. The Mayor did not respond to either letter. Consequently, on May 10, 1956, Hortillosa filed a petition for a writ of mandamus in the Court of First Instance of Iloilo, seeking to declare Executive Order No. 15 illegal and to compel his reinstatement. Th...