Case Digest (G.R. No. 161735)
Facts:
Ex-C1C Jimmy B. Sanchez and Ex-C2C Salvador A. Meteoro v. Roberto T. Lastimoso, G.R. No. 161735, September 25, 2007, Supreme Court Third Division, Nachura, J., writing for the Court.Petitioners Sanchez and Meteoro were former constables of the defunct Philippine Constabulary (PC). Sanchez was discharged in 1989 for allegedly losing his service firearm; Meteoro was discharged in 1990 for absence without leave. Both were later cleared on appeal and applied for reinstatement, but their applications were not acted upon through the integration of the PC into the Philippine National Police (PNP).
On January 27, 1998, the National Police Commission (NAPOLCOM) promulgated Resolution No. 98‑037, treating as absorbed into the PNP those ex‑PC personnel acquitted or exonerated whose reinstatement petitions remained unacted upon. On April 3, 1998, NAPOLCOM adopted Resolution No. 98‑105, approving and confirming the absorption into the PNP of 126 ex‑PC constables contained in a list submitted by Director Edgar C. Galvante of the PNP Directorate for Personnel and Records Management; Sanchez and Meteoro were included in that list. A May 28, 1998 NAPOLCOM memorandum identified an initial batch of 45 personnel for immediate absorption orders; Sanchez was in that initial list. When the Chief of the PNP did not issue absorption orders, petitioners sought assistance from the DILG, which in turn communicated with the PNP.
With no response from the PNP Chief, petitioners filed a petition for mandamus on September 30, 1998 in the Regional Trial Court (RTC) of Quezon City (Civil Case No. Q‑98‑35659), seeking issuance of absorption orders. During the RTC proceedings, NAPOLCOM issued Resolution No. 99‑061 on April 19, 1999, recalling Resolution No. 98‑105 on the ground that the Galvante list was of applicants still to be reviewed and not a definitive list for absorption.
On November 15, 2001, the RTC granted the mandamus petition, declared Resolution No. 99‑061 void ab initio, and ordered the Director‑General/Chief of the PNP to immediately issue absorption orders to the petitioners. The Court of Appeals (CA), however, reversed in a June 18, 2003 decision (CA‑G.R. SP No. 68989), holding that petitioners had not shown with the requisite clarity a legal right to be absorbed and ...(Subscriber-Only)
Issues:
- Do petitioners have a clear legal right to be absorbed into the Philippine National Police such that mandamus may compel the PNP Chief to issue absorption orders?
- Is NAPOLCOM Resolution No. 99‑061 void for violating R.A. No. 6975 (and the implementing NAPOLCOM Resolutions No. 98‑037 and 98‑105)?
- Do petitioners have a cause of action for mandamus to compel the respo...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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