G.R. No. L-23778 - Aguila vs. Castro

Title: Aguila vs. Castro

Case: G.R. No. L-23778

Decision Date: Dec 24, 1965

Aguila, a temporary Chief of Police with third-grade eligibility, challenged Castro's appointment, claiming his 1962 appointment was permanent. The Supreme Court ruled Aguila’s appointment remained temporary, allowing his removal, and upheld Castro’s appointment due to higher eligibility and veteran status.

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Case Summary (G.R. No. L-23778)

Legal Framework for Public Officer Appointments

Attestations by provincial treasurers, acting on behalf of the Commissioner of Civil Service, are governed by Section 20 of Republic Act No. 2260.
These attestations are subject to revision by the Commissioner within 180 days from receipt of the appointments.
Provincial treasurers are required to forward the appointments to the Commissioner within ten days of attestation.

Temporary Appointments and Civil Service Eligibility

The petitioner, Manuel M. Aguila, holds a third-grade civil service eligibility and was appointed as chief of police.
His appointment was extended as temporary until replaced by a civil service eligible individual.
The appointment was not forwarded to the Commissioner of Civil Service, which is a prerequisite for acquiring permanent status.

Quo Warranto and Mandamus Actions

The case involves a quo warranto action to challenge the title of Remigio Castro to the office of chief of police.
It also includes a mandamus action against Mayor Jose T. Fortus to compel payment of back salaries to Aguila.
The petitioner argues that Castro's appointment is null and void due to the lack of a vacancy in the position.

Status of Petitioner’s Appointment

Aguila's claim to permanent status is based on an appointment dated November 29, 1962, which he argues was permanent.
However, the appointment was not forwarded to the Commissioner for review, thus it remains temporary.
The lack of appropriate civil service eligibility prevents the approval of a permanent appointment.

Comparison of Civil Service Eligibility

The petitioner contends that both he and Castro lack the necessary civil service qualifications for the chief of police position.
However, Castro holds a second-grade civil service eligibility, having passed the required examinations, while Aguila only holds a third-grade eligibility.
Castro's status as a World War II veteran further strengthens his qualifications.

Confirmation of Castro’s Appointment

Castro's appointment was confirmed and approved by the municipal council of Ibaan,...continue reading

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