Case Summary (G.R. No. 164213)
Petition Background
The petitioners had filed a "petition for mandamus with damages" on December 13, 1957, claiming their removals were unjust. Atay had been appointed as a janitor-guard effective May 16, 1956, while Yamuta, a private provincial guard, received a promotional appointment on July 1, 1957. The removals were commanded by government officials, citing specific termination dates. The petition asserted a violation of the petitioners' rights under the Constitution and civil service rules due to the absence of just cause and a hearing before their dismissals.
Respondents' Motion to Dismiss
Respondents filed a motion to dismiss the petition on December 20, 1957, arguing that the petition lacked a cause of action. Their defense was based on precedents that allowed for the removal of non-civil service eligibles without prior hearings. Petitioners countered that they were classified civil service employees entitled to protections against arbitrary dismissal.
Court Decision and Legal Framework
The Court dismissed the petition on July 30, 1958, referencing established Supreme Court decisions indicating the nature of temporary appointments. Notably, the Revised Administrative Code was applicable, as the new Civil Service Law had not yet taken effect during the period in question. It was determined that both petitioners were not civil service eligibles but held temporary appointments, thus subject to removal by the Governor without cause or hearing after three months of service.
Implications of Temporary Appointments
The court underscored that under Section 682 of the Revised Administrative Code, their appointments could last only up to three months unless otherwise authorized, and that the absence of civil service eligibility rendered them amenable to removal without prior investigation or cause. The petitioners’ assertions about the continuity of their service did not negate the legal stipulations re
...continue readingCase Syllabus (G.R. No. 164213)
Case Background
- The case involves an appeal by petitioners Beofnato Atay and Eusebio Yamuta from an order of the Court of First Instance of Misamis Occidental, presided by Hon. Patricio C. Ceniza.
- The petitioners filed a "petition for mandamus with damages" in Civil Case No. 2053 on December 13, 1957.
- Beofnato Atay was appointed as a janitor-guard effective May 16, 1956, while Eusebio Yamuta was a private provincial guard promoted on July 1, 1957.
Allegations by Petitioners
- Atay was directed to cease his services effective September 16, 1957, by the Provincial Governor and Provincial Treasurer.
- Yamuta was also directed to terminate his services effective July 16, 1957, but continued to report for duty until September 16, 1957.
- Petitioners claimed their removal was not for legal cause, and there was no prior hearing or investigation, violating constitutional and civil service rules.
- The petitioners asserted they provided faithful and satisfactory service without being under any administrative or criminal investigation.
- They sought the court's declaration that their removal was illegal, reinstatement, back salaries, and damages.
Respondents' Motion to Dismiss
- On December 20, 1957, the respo