Case Digest (G.R. No. L-32797)
Facts:
The case involves Pio L. Tolentino as the petitioner and Francisco de Jesus, Aquilino Pascual, and the Honorable Court of Appeals as respondents. The events leading to the case began in 1934 when Tolentino started his service in the police force of Antipolo. He was appointed as a sergeant of police on September 1, 1939, and later became the Chief of Police on March 30, 1958. His appointment as Chief was initially temporary, pending a medical certificate, but was later approved as permanent effective June 19, 1959, by the Commissioner of Civil Service. Tolentino passed a qualifying examination for municipal chief of police on November 23, 1963, with results released on January 31, 1964. However, on January 22, 1964, he was dismissed from service by the respondent Mayor, who appointed Jose S. Oliveros to the position instead. The dismissal was based on the claim that Tolentino lacked the requisite civil service eligibility. The Mayor's decision was supported by a second ind...
Case Digest (G.R. No. L-32797)
Facts:
Petitioner's Service and Appointments:
- Pio L. Tolentino began his service in the Antipolo police force in 1934.
- On September 1, 1939, he was appointed sergeant of police.
- On March 30, 1958, he was appointed Chief of Police, initially temporary, but later approved as permanent effective June 19, 1959, subject to medical examination.
- On April 18, 1960, he received another appointment with a salary increase effective July 1, 1959.
Civil Service Examination and Eligibility:
- On November 23, 1963, Tolentino took and passed the Chief of Police qualifying examination. The results were released on January 31, 1964.
- On April 13, 1964, the Commissioner of Civil Service recommended Tolentino's reinstatement, citing his passing the examination and prior service.
Dismissal and Replacement:
- On January 22, 1964, Tolentino was dismissed by the respondent Mayor for lack of civil service eligibility.
- Jose S. Oliveros was appointed as Chief of Police in his place.
Cancellation of Eligibility:
- On February 28, 1966, the Commissioner of Civil Service canceled Tolentino’s eligibility due to his failure to disclose a dismissed criminal case in his examination application.
Contempt Conviction:
- Tolentino was convicted of contempt in 1960, which was affirmed by the Court of Appeals in 1968.
Issue:
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Ruling:
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Ratio:
Temporary Appointments and Security of Tenure:
- Temporary appointees do not enjoy constitutional protection against removal without cause. Tolentino’s acceptance of a temporary appointment removed his entitlement to security of tenure.
Civil Service Eligibility:
- Tolentino’s eligibility was validly canceled due to his failure to disclose a dismissed criminal case, which affected his moral integrity and disqualified him from continuing in the position.
Effect of Contempt Conviction:
- Tolentino’s conviction for contempt disqualified him from holding the position of Chief of Police, as it reflected poorly on his moral fitness for the role.
Finality of Findings of Fact:
- The findings of fact by the Court of Appeals are binding unless there is a clear showing of error, which was not present in this case.