G.R. No. L-21624 - Santos vs. Secretary of Labor

Segundo Santos was employed for a number of years as Labor Conciliator I (Regional Office No. 4), Department of Labor.
Secretary of Labor, Raoul M. Inocentes, Commissioner of Civil Service, Ricardo Tiongco, and Cashier, Regional Office No. 4 appear as respondents in the petition.

Santos's compensation as Labor Conciliator I was P259 per month or P3,108 per annum.
On August 24, 1960, Santos was extended an appointment (promotion) as Labor Conciliator II (Regional Office No. 3, Manila) at annual compensation of P3,493, effective September 1, 1960, vice Juan Mendoza, Jr., resigned.
The Commissioner of Civil Service approved Santos's appointment on May 14, 1962, and the approval was released to the Department of Labor on May 25, 1962.
Respondents aver that Ricardo Tiongco's appointment to the same position was made on February 23, 1962; the text also states that in June 1962 the Secretary appointed Tiongco to the same position.

Respondents alleged that the Civil Service memorandum circular of February 16, 1961 prohibited assignment or promotion where the initial salary rate exceeded the maximum allowable for the eligibility, and that Santos's appointment was within that prohibition.
Respondents averred that Santos's appointment was recalled on September 7, 1961, a fact the Court found not proven.

On August 20, 1962, Santos filed a petition for mandamus (Civil Case 51313, Court of First Instance of Manila) praying that respondents be commanded to nullify Tiongco's appointment, to uphold Santos's appointment as Labor Conciliator II from September 1, 1960, and to pay salary differentials.
Santos retired from the service on August 23, 1962.
Respondents answered the petition. The case was ready for trial on the merits.

Santos died on February 14, 1963, before trial on the merits.
A motion to substitute the Estate of Segundo Santos, deceased, represented by Rodolfo Santos, one of the heirs, was filed.

(Subscriber-Only)

Whether the Estate of Segundo Santos, deceased may be substituted in place of the deceased petitioner in the mandamus proceeding.
Whether the money claim for salary differentials survives the death of the petitioner and may be prosecuted by his heirs or estate.

Whether Santos's appointment as Labor Conciliator II was lawful and completed, giving rise to entitlement to salary differentials from September 1, 1960.
Whether the Civil Service memorandum circular of February 16, 1961 and any asserted recall of appointment on September 7, 1961 rendered the appointment void or subject to cancellation.