Case Digest (G.R. No. L-32191)
Facts:
The case involves Carlos C. Manaois as the petitioner-appellant and several respondents including Hon. Leroy S. Brown, the City Mayor of Basilan, Antolin Tan Sanchez, the City Auditor, and Leopoldo Manapol from the City Engineer's Office. The events leading to this case began with Manaois's appointment as City Engineer of Basilan on July 17, 1963, which was confirmed by the Commission on Appointments on May 30, 1964. An administrative case was subsequently filed against him by the City Mayor, and, as a result, on August 1, 1967, the Commissioner of Public Highways assigned Manaois to a central office in Manila due to the ongoing administrative case. The case concluded on November 19, 1968, with Administrative Order No. 149 from the Office of the President, which determined that Manaois would be transferred to another city because his continued presence in Basilan was deemed detrimental to the interests of the service.
On November 28, 1968, the Commissioner instructed Ma
Case Digest (G.R. No. L-32191)
Facts:
Carlos C. Manaois was appointed City Engineer of Basilan City on July 17, 1963, with his appointment confirmed by the Commission on Appointments on May 30, 1964. Subsequently, an administrative case was initiated against him by the City Mayor, leading the Commissioner of Public Highways to summon him to the central office in Manila on August 1, 1967. On November 19, 1968, the administrative case was resolved in Administrative Order No. 149 issued by the Office of the President. The order stated that due to the gravity of the offense and strained relations with his superior, petitioner was to be transferred to another city for the general interest of service. Accordingly, on November 28, 1968, the Commissioner directed him to Basilan City to effect the turnover of his office to officer-in-charge Leopoldo Manapol and to conduct a complete clearance of his money and property accountability, which he did on January 15, 1969. However, on January 29, 1969, the City Treasurer—with the concurrence of the City Mayor—declared petitioner to have effectively ceased to be City Engineer and refused to pay his corresponding salary. In contrast, both the Commissioner’s central office and the Auditor General maintained that petitioner's temporary assignment in Manila did not constitute abandonment of his post, and that pending his transfer no change had been made in his status as City Engineer.Issues:
- Whether petitioner’s compliance with the directive to turn over his office and clear his accountability, as ordered in connection with his administrative reassignment, amounted to an abandonment of his post as City Engineer.
- Whether, pending his formal transfer by the President’s authority, petitioner remained entitled to receive the salary due to his position as City Engineer of Basilan City.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)