Title
Senarillos vs. Hermosisima
Case
G.R. No. L-10662
Decision Date
Dec 14, 1956
Roque Senarillos, a police chief, was suspended multiple times following an invalid investigation by a committee, not the full council as required by law. Courts ruled the investigation void, affirmed his reinstatement, and denied laches due to his persistent legal efforts.

Case Digest (G.R. No. L-10662)
Expanded Legal Reasoning Model

Facts:

  • Parties and background
    • Roque Senarillos was appointed Chief of Police of Sibonga, Cebu, an appointment he held until January 2, 1952.
    • On January 2, 1952, Senarillos was suspended by the Municipal Mayor of Sibonga following charges filed by Roque Geraldizo, which Senarillos denied.
    • A "police committee" composed of three municipal councilors was created by Resolution No. 2, Series 1952, of the municipal council to investigate Senarillos.
  • Investigation and suspension
    • Despite Senarillos’ protest that the investigation should be conducted by the full municipal council as mandated by Republic Act No. 557, the committee held the investigation.
    • On April 15, 1952, the committee issued an adverse decision against Senarillos, later signed by all council members.
    • The Commissioner of Civil Service affirmed the decision on August 28, 1952, and the Civil Service Board of Appeals upheld it in October 1954.
  • Subsequent suspensions and criminal case
    • After the initial suspension period ended, Senarillos was again suspended based on an untried Administrative Case No. V-6. Upon expiry of this suspension, he was reinstated on May 25, 1952.
    • On July 9, 1952, the Municipal Mayor filed a criminal swindling case against Senarillos and suspended him for a third time.
    • The criminal case was dismissed on July 28, 1954.
  • Legal proceedings initiated by Senarillos
    • On April 27, 1955, Senarillos filed a petition with the Court of First Instance for relief, challenging his multiple suspensions and removal.
    • The Court issued a writ of mandamus compelling the Municipal Mayor and Council to reinstate Senarillos as Chief of Police and declared his removal null and void.
    • The court ordered payment of salary from January 3, 1952, and taxed costs against the respondents.
  • Appeal and Supreme Court decision
    • The Municipal Mayor and Council appealed the decision.
    • The Supreme Court examined the legality of the investigation conducted by the "police committee" instead of the full municipal council.

Issues:

  • Whether the investigation and removal of Roque Senarillos as Chief of Police conducted by a committee of the municipal council instead of the full council was valid under Republic Act No. 557.
  • Whether the decisions of the Commissioner of Civil Service and the Civil Service Board of Appeals affirming the removal could validate the otherwise illegal investigation and removal.
  • Whether Roque Senarillos committed laches in seeking relief from his removal and suspension.
  • Whether Senarillos was entitled to reinstatement and back pay.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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