Title
Tolentino vs. De Jesus
Case
G.R. No. L-32797
Decision Date
Mar 27, 1974
Pio Tolentino, dismissed as Chief of Police due to lack of eligibility, concealed criminal case, and contempt conviction; SC upheld dismissal, citing temporary appointment, eligibility cancellation, and moral unfitness.
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Case Digest (G.R. No. L-32797)

Facts:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.


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