Case Digest (G.R. No. L-24012)
Facts:
- Antonio J. Villegas, Mayor of Manila, is the petitioner.
- Respondents include Abelardo Subido, Commissioner of Civil Service, and Herminio A. Astorga, Vice-Mayor of Manila.
- On January 4, 1965, the Commissioner issued Memorandum Circular No. 1, stating that Republic Act 2260 (Civil Service Act of 1959) impliedly repealed Republic Act 557, which outlined procedures for the removal and suspension of policemen.
- The circular mandated provincial boards and municipal councils to stop investigating administrative charges against policemen and submit a list of pending cases within 30 days.
- On January 13, 1965, another memorandum indicated that Republic Act 2260 also repealed Section 22 of Republic Act 409 (Revised Charter of Manila), affecting the suspension and removal of appointive city officers.
- Mayor Villegas filed two actions for prohibition and injunction: L-24012 on January 7, 1965, regarding policemen, and L-24040 on January 15, 1965, concerning competitive employees.
- The Supreme Court issued a preliminary injunction on January 18, 1965, and the cases were jointly heard on March 12, 1965.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that Republic Act 2260 did not impliedly repeal Republic Act 557 and Section 22 of Republic Act 409.
- The petitions for prohibition were granted, a...(Unlock)
Ratio:
- The Court noted that while Republic Act 2260 grants the Commissioner final authority over removals and suspensions in the competitive service, it does not eliminate the powers of the City Mayor and City Council under Republic Acts 557 and 409.
- The principle of implied repeal is disfavored; laws should coexist if possi...continue reading
Case Digest (G.R. No. L-24012)
Facts:
The case involves Antonio J. Villegas, in his official capacity as the Mayor of the City of Manila, as the petitioner against Abelardo Subido, in his official capacity as the Commissioner of Civil Service, and Herminio A. Astorga, in his official capacity as Vice-Mayor and Presiding Officer of the Municipal Board of Manila, as respondents. The events leading to the case began on January 4, 1965, when the Commissioner of Civil Service issued Memorandum Circular No. 1, series of 1965, which stated that Republic Act 2260 (Civil Service Act of 1959) impliedly repealed Republic Act 557, which provided the procedure for the removal and suspension of policemen. The circular ordered all provincial boards, city, and municipal councils to cease investigating administrative charges against policemen and to submit a list of pending police cases to the Commissioner within 30 days. On January 13, 1965, another memorandum was issued, stating that Republic Act 2260 also repealed Section 22 of Republic Act 409 (Revised Charter of the City of Manila), which governed the suspension and removal of appointive city officers or employees not appointed by the President. Consequently, the Mayor of Manila was ordered to stop deciding administrative cases involving officers and employees in the competitive service and to submit a list of pending disciplinary cases to the Commissioner. In response to these memoranda, Mayor Villegas filed two separate actions...