Title
Tobias vs. Veloso
Case
G.R. No. L-40224
Decision Date
Sep 23, 1980
A police chief, reprimanded for misconduct, sought back salaries via mandamus but was denied due to non-exoneration; counterclaims for lost property were upheld.
back salaries
veto resolution
mandamus proceeding
A

Case Digest (G.R. No. L-40224)

Facts:

  • Background and Parties
    • Tomas C. Lujan was appointed as the Chief of Police of Cabatuan, Iloilo on December 1, 1971.
    • Francisco C. Tobias, the Municipal Mayor of Cabatuan, is the petitioner in the present appeal, while Tomas C. Lujan is the respondent who filed a petition for mandamus and damages.
  • Administrative Charges and Proceedings
    • On October 19, 1972, the Mayor charged Lujan before the National Police Commission (NAPOLCOM) with Bribery and Corrupt Practices (Administrative Case No. 2890) for allegedly demanding P1,370.00 for the extrajudicial settlement of an ongoing criminal case (Crim. Case No. 974).
    • In a separate administrative complaint, Lujan was charged with Grave Misconduct and Serious Irregularities (Administrative Case No. 2997) for the loss of his service pistol on November 27, 1971.
    • As a consequence of these charges, NAPOLCOM suspended Lujan from office effective December 20, 1972.
  • NAPOLCOM Decisions and Disciplinary Measures
    • In the Bribery Case on August 9, 1973, NAPOLCOM ruled that although Lujan was not held liable for Bribery and Corrupt Practices (since his acceptance of money was purportedly for delivery to the offended party), his act was deemed improper.
      • Lujan was reprimanded and warned that future repetitions would invite more drastic disciplinary action.
      • The Mayor was authorized to administer the reprimand.
    • In the case for Grave Misconduct, Lujan was exonerated by NAPOLCOM on March 9, 1973.
    • Lujan’s suspension was lifted on October 2, 1973, and the formal reprimand was administered by the Mayor on February 11, 1974.
  • Submission for Back Salaries and Municipal Council Resolution
    • Upon reporting for duty on November 13, 1973, Lujan submitted vouchers amounting to P2,984.42 for his back salaries covering the period of his suspension.
    • The Mayor endorsed the vouchers for pre-audit purposes and transmitted the papers to the Provincial Auditor.
      • The Provincial Auditor opined that Lujan’s salary during suspension could be claimed provided there was authority from the Municipal Council.
    • The Municipal Treasurer requested authority from the Council, and in the regular session of February 6, 1974, the Council passed Resolution No. 160 authorizing payment of the back salaries, with deductions for a deposit on the lost pistol (P1,000.00) and a fine (P40.00).
    • The Mayor, however, communicated his intention to veto Resolution No. 160 on February 11, 1974 and submitted a formal inquiry to the NAPOLCOM Chairman regarding the legality of paying the back salaries during a suspension.
  • Filing of the Mandamus and Counterclaim
    • On March 25, 1974, Lujan filed a Petition for Mandamus and Damages in the Court of First Instance of Iloilo to compel the Mayor to approve his voucher for back salaries, also seeking moral and exemplary damages.
    • In his response, the Mayor contended:
      • Payment of back salaries was of doubtful legality under the Police Act as Lujan, having been reprimanded (and not exonerated), was not entitled to such payment.
      • Municipal Council Resolution No. 160 was not duly approved because of the communicated impending veto.
      • His inaction was due to awaiting a response from the NAPOLCOM Chairman and safeguarding the municipality’s financial interests.
    • In a counterclaim, the Mayor prayed that Lujan pay the current market value of his lost service pistol plus damages totaling P2,000.00, along with an administrative fine of P40.00.
  • Trial Court Decision and Post-Trial Proceedings
    • On July 31, 1974, the trial Court rendered judgment ordering the payment of back salaries to Lujan and awarding him attorney’s fees of P2,000.00.
    • The Mayor moved for reconsideration based on a reply indicating that, because Lujan had been reprimanded (implying guilt), he was not entitled to back salaries.
    • Reconsideration was denied on the basis that the official opinion could not override Civil Service Rules, specifically Rule XVIII, Section 4(e), which states that an admonition or warning is not considered a penalty.
    • The appeal to this higher forum raised several issues regarding the applicable law and interpretation of disciplinary measures.

Issues:

  • Applicability of Statutory Regime
    • Should the Civil Service Act govern the case, or does the Police Act of 1966 (R.A. 4864) apply given Lujan’s role as Chief of Police?
  • Nature of the Disciplinary Measure
    • Is a reprimand equivalent to exoneration?
    • Can a reprimand, which is evidently a penalty, be equated with administrative warnings that do not disqualify a public employee from receiving back salaries?
  • Entitlement to Back Salaries
    • Does a suspended police officer qualify for back salaries upon exoneration only, or can payment be mandated despite a reprimand?
    • Was the Mayor’s withholding of payment in good faith for the protection of municipal interests?
  • Appropriateness of the Mandamus
    • Can an extraordinary writ of mandamus compel the Municipal Mayor, acting prudently, to release funds where higher administrative authorities’ opinions were sought?
  • Award of Attorney’s Fees and Dismissal of Counterclaim
    • Is the awarding of attorney’s fees against the Mayor justified in view of his good faith actions?
    • Was the dismissal of the counterclaim regarding the lost service pistol for lack of evidence proper in light of the findings from the Auditor General and Municipal Treasurer?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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