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 ...

Facts:

1. Employment History:

   • Felipe Hortillosa entered government service as a patrolman in the Iloilo City Police Department in 1936.
   • He passed the patrolman examination on September 18, 1937, and was promoted successively to corporal, sergeant, 2nd lieutenant, and finally to captain on June 23, 1955.

2. Temporary Appointment:

   • His promotion to captain was authorized as temporary under Section 682 of the Revised Administrative Code, pending replacement by an eligible candidate.

3. Termination of Service:

   • On April 4, 1956, the Mayor of Iloilo City issued Executive Order No. 15, terminating Hortillosa’s services as captain and declaring his position vacant effective the next day.

4. Requests for Reinstatement:

   • On April 6, 1956, Hortillosa wrote to the Mayor inquiring about the termination of his services.
   • On May 7, 1956, his attorney requested reinstatement, citing protection under Republic Act No. 557. The Mayor did not respond to either letter.

5. Legal Action:

   • On May 10, 1956, Hortillosa filed a petition for mandamus in the Court of First Instance of Iloilo, seeking to declare Executive Order No. 15 illegal and to reinstate him.
   • The respondent (Mayor) argued that Hortillosa’s appointment was temporary and could be replaced by an eligible candidate at any time.

6. Court Decision:

   • The Court of First Instance dismissed the petition, and Hortillosa appealed.

Issue:

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Ruling:

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Ratio:

1. Temporary Appointments:

   • Under Section 682 of the Revised Administrative Code, temporary appointments are valid for a maximum of three months and can be terminated at any time by the appointment of an eligible candidate.
   • Hortillosa’s appointment as captain was temporary, and he accepted it with the understanding that he could be replaced by an eligible candidate.

2. Civil Service Eligibility:

   • Hortillosa, as a first-class patrolman eligible, did not possess the required eligibility for the position of captain in the police force of a chartered city.
   • The position of captain requires a higher grade of examination than that of a first-class patrolman.

3. Protection of Republic Act No. 557:

   • Republic Act No. 557 protects the tenure of members of the police force but does not extend to temporary appointees.
   • Since Hortillosa’s appointment was temporary, he was not covered by the protections of the Act.

4. Reinstatement and Quo Warranto:

   • Reinstatement could only be granted in quo warranto proceedings, where the incumbent must be impleaded as a party-respondent.
   • Even if the incumbent were impleaded, Hortillosa could not oust him if the incumbent was a civil service eligible.

5. Precedents:

   • The Court distinguished Hortillosa’s case from Amora vs. Bibera, where the appointment was not explicitly temporary, and the position did not require special knowledge or skill.