Case Digest (G.R. No. L-29707)
Facts:
- Petronilo L. Ruiz was appointed Chief of Police of Dapitan City on March 16, 1966.
- On August 6, 1968, the Acting City Fiscal filed an information against Ruiz for "other light threats."
- City Mayor Germanico A. Carreon suspended Ruiz effective August 7, 1968.
- Carreon appointed Venusto C. Hamoy, a police lieutenant, as Officer-In-Charge of the police department.
- Ruiz filed quo warranto proceedings against Carreon and Hamoy, claiming the suspension was unauthorized and Hamoy was unlawfully occupying his position.
- The respondents argued that the Mayor had the authority to suspend Ruiz under the Police Act.
- The Court of First Instance of Zamboanga del Norte ruled in favor of Ruiz, nullifying the suspension and affirming his right to the office.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the City Mayor did not have the authority to suspend Petronilo L. Ruiz, as his appointment was made by the President and could only be suspended or removed by the President for cause.
- The Court also ruled that Ven...(Unlock)
Ratio:
- The Supreme Court's decision was based on the interpretation of relevant laws, particularly Republic Act No. 3811, which outlined the appointment and removal process for city officials, including the Chief of Police.
- Ruiz's appointment was confirmed by the Commission on Appointments, meaning only the President could suspend or remove him as stipulated by law.
- Subsequent laws, Republic Act No. 4864 and Republic Act No. 5185, transferred the power to appoint chiefs of police to city mayors but did not retroactively affect ...continue reading
Case Digest (G.R. No. L-29707)
Facts:
The case involves Petronilo L. Ruiz as the petitioner-appellee and Germanico A. Carreon and Venusto C. Hamoy as the respondents-appellants. The events leading to the case began when Petronilo L. Ruiz was appointed as the Chief of Police of Dapitan City on March 16, 1966. On August 6, 1968, the Acting City Fiscal of Dapitan filed an information against Ruiz for "other light threats," prompting the City Mayor, Germanico A. Carreon, to issue an order suspending Ruiz effective August 7, 1968. Following this suspension, Carreon appointed Venusto C. Hamoy, a police lieutenant, as the Officer-In-Charge of the police department. In response, Ruiz filed quo warranto proceedings against Carreon and Hamoy, arguing that the Mayor lacked the authority to suspend him and that Hamoy was unlawfully occupying his position. The respondents contended that the Mayor had the power to suspend Ruiz under the provisions of the Police Act. The Court of First Instance of Zamboanga del Norte ruled in favor of Ruiz, nullifying the suspension and affirming his right to hold the office of Chief of Police, leading to the current appeal by Carreon and Hamoy.
Issue:
- Did the City Mayor, Germanico A. Carreon, have the authority to ...