Facts:
Petitioner
Petronilo L. Ruiz was appointed by the President as
Chief of Police of Dapitan City on February 17, 1966 pursuant to
Section 19 of Republic Act No. 3811 (the charter of Dapitan), with the appointment duly confirmed by the
Commission on Appointments. He assumed office on March 16, 1966. On August 6, 1968, the Acting City Fiscal of Dapitan filed with the City Court an information charging petitioner with
“other light threats,” and on the same criminal development, respondent
Germanico A. Carreon, the City Mayor, issued an order suspending petitioner effective August 7, 1968. During petitioner’s suspension, respondent
Venusto C. Hamoy, a police lieutenant, was designated
Officer-In-Charge of the police department. Petitioner then instituted a
quo warranto proceeding against Carreon and Hamoy, alleging that the City Mayor lacked authority to suspend him and that Hamoy was thereby
usurping petitioner’s office. In answer, respondents insisted that the Mayor possessed the power to suspend petitioner under the applicable provisions of the
Police Act of 1966. After proceedings in the
Court of First Instance of Zamboanga del Norte, that court overruled respondents’ position, nullified the suspension order, declared petitioner entitled to hold and discharge the functions of Chief of Police of Dapitan with all attendant privileges and emoluments, and ordered his
immediate reinstatement from the date of suspension, without pronouncement as to costs. Hence, respondents appealed directly to the Supreme Court.
Issues:
Whether a
City Mayor may suspend or remove from office a
Chief of Police of a chartered city who was originally
appointed by the President and confirmed by the Commission on Appointments, when the appointment authority had been transferred to the City Mayor by
Republic Acts Nos. 4864 and 5185.
Ruling:
Ratio:
Doctrine: