Case Summary (G.R. No. L-20158)

Case Background

• Parties Involved:
  • Petitioners/Appellees: Candelario Almendras, Timoteo T. Omay, et al.
  • Respondents/Appellant: Amado Del Rosario, et al., specifically Amado Del Rosario as Commissioner of Civil Service.
• Legal Context: The case revolves around the authority of the City Mayor of Cebu to appoint officers and employees of the Osmena Waterworks System and the payment of salaries to those appointed under his authority.

Decision Overview

• Main Holding:
  • The previous decision is partially reversed, specifically regarding the authority of the City Mayor of Cebu to appoint employees of the Osmena Waterworks System.
  • The court affirms that employees who rendered service under the Mayor’s appointments are entitled to salary payments, subject to certain conditions.

Authority of Appointment

• Legal Principle:
  • The City Mayor of Cebu is determined to lack the authority to appoint officers and employees of the Osmena Waterworks System.
• Key Definitions:
  • "Competent Authority": Refers to the legitimate body or individual authorized to make appointments.
• Important Details:
  • All appointments made by the City Mayor are declared null and void, barring any reappointments by a competent authority following the decision's finality.

Salary Payment Entitlement

• Legal Principle:
  • Employees appointed by the City Mayor who have rendered actual service are entitled to their salaries up to a certain point.
• Requirements/Procedures:
  • Salaries are to be paid from the date of appointment until the decision becomes final.
  • Salaries for those not reappointed by competent authority cease upon the decision's finality.
• Timeframes:
  • Payment is to be made from the date of appointment until the finality of the decision.
  • Upon finality, there is a possibility of reappointment by a competent authority, effective the day after the decision becomes final.

Clarification Motion

• Context:
  • The City Treasurer filed a motion for clarification regarding the judgment’s ambiguity, expressing difficulty in compliance.
• Court’s Clarification:
  • The court reiterated that the decision is clear: while the Mayor’s authority is null, those who served are entitled to their salaries only until the ruling's finality.

Judicial Concurrence

• Judges Concurring:
  • Chief Justice Concepcion and Justices Reyes, Makalintal, Sanchez, Ruiz, Castro, Angeles, Fernando, and Capistrano concurred with the decision.
• Judge on Leave:
  • Justice Zaldivar was noted to be on official leave.

Key Takeaways

• The City Mayor of Cebu does not possess the authority to appoint officers and employees of the Osmena Waterworks System.
• Employees appointed by the Mayor who provided services are entitled to salary payments only until the finality of the Suprem...continue reading

Case Syllabus (G.R. No. L-20158)

Case Background

• The case is identified as G.R. No. L-20158 and was decided by the Supreme Court on October 14, 1968.
• Petitioners include Candelario Almendras and Timoteo T. Omay along with others, while the respondents include Amado Del Rosario, who also serves as the Commissioner of the Civil Service.
• The central issue revolves around the authority of the City Mayor of Cebu to appoint officers and employees within the Osmena Waterworks System.

Initial Decision

• The Supreme Court's decision on July 29, 1968, was reversed in part regarding the authority of the City Mayor.
• The original verdict declared the City Mayor of Cebu as having the power to appoint personnel for the Osmena Waterworks System, which was found to be incorrect.
• The decision affirmed that the City Treasurer and City Auditor of Cebu must pay the salaries of the petitioners who served from their appointment ...continue reading