Case Digest (G.R. No. L-8358)
Facts:
- Petitioner: Manuel P. Covacha
- Respondent: Felix P. Amante, Mayor of Bacolod City
- Position: Covacha was a second-class sergeant in the Bacolod City police force, earning PHP 11,320 annually.
- Mayor's Appointment: On August 11, 1951, Amante became the ad interim city mayor.
- Transfer Order: On August 15, 1951, acting chief of police Capt. Eliodoro Infante issued Special Order No. 20, transferring Covacha from property custodian to the uniformed division.
- Inventory Requirement: Covacha was to inventory and hand over properties to Pat. A. Miraflor.
- Separation Notice: On August 31, 1951, Mayor Amante informed Covacha of his separation from service due to serious irregularities, based on Republic Act No. 557 and the chief of police's recommendation.
- Reinstatement Efforts: Covacha sought reinstatement from various authorities but was unsuccessful.
- Administrative Complaint: He filed an administrative complaint with the Integrity Board, which was withheld due to a similar pending case in the Court of First Instance of Negros Occidental.
- Mandamus Petition: Covacha filed a petition for mandamus to compel reinstatement and recover salary from September 1, 1951, along with moral and exemplary damages.
- Mayor's Defense: The respondent mayor argued Covacha was suspended following administrative charges and a "police committee of the city council" found him guilty and recommended dismissal.
- Trial Court Decision: The trial court found Covacha was a civil service eligible and regular employee, not a temporary appointee, and denied his petition.
Issue:
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Ruling:
- Supreme Court Decision: The Supreme Court reversed the decision of the Court of First Instance of Negros Occidental.
- Reinstatement Order: Ordered the reinstatement of Manuel P. Covacha to his former position as sergeant second class of the Bacolod City police force, with ...(Unlock)
Ratio:
- Exclusive Power: Under Republic Act No. 557, the city council has the exclusive power to investigate charges against members of the city police force.
- Invalid Investigation: The investigation of Covacha was conducted by a committee created by the mayor, not the city council, making the dismissal illegal and void.
- Precedent Case: Cited the case of Festejo vs. Municipal Mayor of Nabua, emphasizing that the municipal council must conduct the investigation and cannot delegate...continue reading
Case Digest (G.R. No. L-8358)
Facts:
The case involves petitioner Manuel P. Covacha and respondent Felix P. Amante, the Mayor of Bacolod City. Covacha, prior to August 31, 1951, served as a second-class sergeant in the Bacolod City police force, earning an annual salary of PHP 11,320. On August 11, 1951, Amante assumed office as the ad interim city mayor. Shortly thereafter, on August 15, 1951, the acting chief of police, Capt. Eliodoro Infante, issued Special Order No. 20, which relieved Covacha of his duties as property custodian and transferred him to the uniformed division. Covacha was instructed to inventory and hand over the properties under his responsibility to Pat. A. Miraflor. Before Covacha could fully comply, he received a letter from Mayor Amante on August 31, 1951, stating that he was separated from service based on Republic Act No. 557 due to serious irregularities in his duties, as recommended by the chief of police.
Covacha sought reinstatement from the mayor, the Commissioner of Civil Service, and the President of the Philippines, all to no avail. He then filed an administrative complaint with the Integrity Board, which withheld action due to a similar pending case (Civil Case No. 2457) in the Court of First Instance of Negros Occidental. Consequently, Covacha fi...