Title
Bagatsing vs. Melencio-Herrera
Case
G.R. No. L-34952
Decision Date
Jul 25, 1975
A city sheriff, suspended for alleged partisan activities, challenged his suspension and sought reinstatement. The Supreme Court ruled the mayor had authority to discipline him, and his resignation rendered the case moot.

Case Summary (G.R. No. L-34952)

Background Facts

Pulido was appointed as Chief Deputy Sheriff in 1969 and later designated as executive sheriff and court liaison officer by the Municipal Board in early 1970. In February 1972, he was charged with engaging in partisan political activities, leading to his suspension by Mayor Bagatsing shortly after he assumed office. Pulido contested the suspension and sought legal remedy through a petition for certiorari and prohibition against the Mayor and his investigators, asserting that the Mayor lacked authority over the sheriff's office.

Lower Court Proceedings

In March 1972, the Court of First Instance ordered Pulido's reinstatement and temporarily restrained the administrative investigation initiated by the Mayor's office. Subsequent motions for reconsideration filed by Bagatsing and his investigators were denied. The Mayor and his associates then sought relief from the Supreme Court to annul the reinstatement order and the injunction against the administrative investigation.

Legal Arguments

Pulido argued that the Mayor lacked jurisdiction over the sheriff's office, which should be governed by judicial authority or the Department of Justice. In contrast, Mayor Bagatsing claimed that his office had the power to appoint, investigate, and discipline city employees, including those in the sheriff's office, as vested by the City Charter.

Court's Rationale

The lower court justified reinstating Pulido on the basis that the executive sheriff was a ministerial officer whose removal would impair the functioning of the court system. The court also expressed concern over the Mayor's dual role as both the offended party and investigator in the matter, implying a violation of due process.

Resignation and Mootness

On October 9, 1972, Pulido submitted his resignation, which the Mayor later accepted. This development raised questions about the relevance of the ongoing legal proceedings. The parties acknowledged the case's potential mootness; however, they disagreed on the reasons for it. Pulido contended that his case could remain valid due to the changes in administrative supervision and the judicial authority established by the new Constitution.

Issues Concerning Jurisdiction and Authority

Central to the legal dispute was the issue of authority over Pulido's employment. While Pulido sought to assert his position as a judicial officer under the supervision of the Secretary of Justice, the Court reasoned that he was, in fact, a city employee appointed by the Mayor, thus subject to the

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