Case Digest (G.R. No. L-39451)
Facts:
Isidro M. Javier v. Purificacion C. Reyes, G.R. No. L-39451, February 20, 1989, the Supreme Court Second Division, Sarmiento, J., writing for the Court.
Petitioner Isidro M. Javier (appellee below) alleges he was appointed Chief of Police of Malolos, Bulacan, on November 7, 1967 by then Mayor Victorino B. Aldaba, took his oath on November 8, 1967 and immediately assumed and discharged the duties of the office until January 13, 1968. On January 3, 1968, respondent Purificacion C. Reyes, who had become Municipal Mayor, recalled Javier’s appointment from the Civil Service Commission (CSC) and, by memorandum dated January 12, 1968, relieved Javier and designated Police Lt. Bayani Bernardo (a non-eligible) as Officer-in-Charge.
The CSC initially returned Javier’s appointment on February 2, 1968, but subsequently, in its 3rd indorsement dated May 2, 1968, attested and approved Javier’s appointment, stating that Bernardo’s earlier appointment (allegedly approved despite lack of council consent) was null and void under the then-applicable municipal-consent rule; the Commission reiterated its directive to reinstall Javier in a July 9, 1968 letter. Despite these rulings, respondent declined to reinstate Javier, who was therefore deprived of salary after his ouster and filed suit seeking reinstatement by mandamus. Bernardo intervened, moved to dismiss on statute-of-limitations and insufficiency grounds, and was declared in default for filing out of time.
The trial court’s factual findings—recited in the record and admitted in part by the parties—establish that Bernardo was appointed earlier (September 4, 1967) and approved by the CSC on September 17, 1967 but never assumed office nor took his oath; Javier’s November 7, 1967 appointment was approved by the CSC on May 2, 1968 and he had assumed and exercised the office from November 8, 1967 to January 13, 1968. The case was brought befo...(Subscriber-Only)
Issues:
- When an appointment to municipal chief of police is made by a municipal mayor but not approved by the municipal council for more than ninety (90) days from issuance, does Section 8 of R.A. No. 4864 (Police Act of 1966) apply?
- When two appointments to the same position are both approved by the Civil Service Commission on the basis of different legal provi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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