Title
Hortillosa vs. Ganzon
Case
G.R. No. L-11169
Decision Date
Jan 30, 1959
The court upheld the termination of a police officer's temporary captain appointment, ruling he is ineligible for reinstatement due to failing the civil service examination.
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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

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