Facts:

• Pio L. Tolentino was the petitioner against Francisco de Jesus, Aquilino Pascual, and the Honorable Court of Appeals.
• Tolentino began his service in the Antipolo police force in 1934 and became a sergeant on September 1, 1939.
• He was appointed Chief of Police on March 30, 1958, initially on a temporary basis pending a medical certificate.
• His appointment was made permanent effective June 19, 1959, by the Commissioner of Civil Service.
• Tolentino passed the qualifying examination for municipal chief of police on November 23, 1963, with results released on January 31, 1964.
• On January 22, 1964, he was dismissed by the Mayor, who appointed Jose S. Oliveros in his place, citing lack of civil service eligibility.
• The dismissal was supported by a second indorsement from the Commissioner of Civil Service, stating Tolentino's last appointment was temporary and could be terminated without cause.
• Tolentino's civil service eligibility was later canceled due to failure to disclose a prior criminal case in his examination application.
• The Court of Appeals upheld the dismissal, prompting Tolentino to seek a reversal from the Supreme Court.

Issue:

• (Unlock)

Ruling:

• The Supreme Court dismissed Tolentino's petition and affirmed the Court of Appeals' decision dated August 24, 1970.
• The Court ruled that Tolentino lacked the necessary civil service eli...(Unlock)

Ratio:

• The Supreme Court's decision was based on civil service laws and the nature of Tolentino's appointments.
• Tolentino's last appointment was deemed temporary, allowing for dismissal without cause.
• A permanent appointment requires civil service eligibility, which Tolentino did not have until after his dismissal.
• The Commissioner of Civi...continue reading