Case Summary (G.R. No. L-28652)

Case Overview

This case involves an appeal regarding the removal of Alfredo B. Barangan from his position as the chief of police of San Nicolas, Ilocos Norte. The Court of First Instance ruled that Barangan’s removal was illegal and ordered his reinstatement with back salaries.

Appointment and Tenure of Alfredo B. Barangan

• Initial Appointment:

  • Barangan was appointed acting chief of police on July 17, 1961, and reappointed on July 1, 1963, by Mayor Dominador Madamba.
  • The reappointment was approved by the Commissioner of Civil Service on March 24, 1965, with a stipulation that it would not exceed thirty days from receipt of the confirmation.

• Termination:

  • On April 30, 1965, Barangan’s service was terminated by the new Mayor Vicente Hernando.
  • Barangan, having passed the Civil Service Examination for Chiefs of Police, contested the termination and appealed to the Commissioner of Civil Service.

Civil Service Commission's Role

• Indorsements:

  • The Commissioner of Civil Service issued several indorsements reapproving Barangan's appointment as provisional and later as permanent.
  • The Commissioner indicated that Barangan could only be dismissed according to the provisions of Republic Act No. 557.

• Final Ruling:

  • On January 9, 1967, the Commissioner ruled that Barangan was a permanent chief of police and could only be dismissed in accordance with the law.

Judicial Proceedings

• Court Decision:
  • The lower court ruled in favor of Barangan, recognizing the authority of the Civil Service Commissioner to determine the nature of his appointment and ordering his reinstatement with back salaries.

Supreme Court's Reversal of Lower Court Decision

• Key Legal Principle:

  • The Supreme Court held that the determination of the nature of an appointment lies with the appointing officer (the Municipal Mayor) and not with the Civil Service Commissioner.

• Legal Findings:

  • The Supreme Court found that the Civil Service Commissioner exceeded his authority by reclassifying Barangan's appointment.
  • Barangan's appointment was determined to be temporary, which allowed the Mayor to terminate it at will.

• Implications:

  • Barangan, as a temporary appointee, did not have a protected tenure and could be summarily removed by the Mayor.
  • The Supreme Court ruled that Barangan could not compel his reinstatement through mandamus.

Conclusion and Orders

• The decision of the lower court was reversed.
• The Supreme Court ordered the Commissioner of Civil Service to act on the appointment of Gregorio Damo as chief of police.

Key Takeaways

• The Supreme Court emphasized the authority of the appointing officer over the Civil Service Commission regarding appointment classifications.
• Temporary app

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Case Syllabus (G.R. No. L-28652)

Case Background

• The case arises from an appeal against a decision by the Court of First Instance of Ilocos Norte, which ruled that Alfredo B. Barangan's removal from the position of chief of police of San Nicolas, Ilocos Norte, was illegal.
• The lower court ordered Barangan's reinstatement with back salaries.

Appointment and Termination of Barangan

• Barangan was appointed as the acting chief of police by Mayor Dominador Madamba on July 17, 1961, and received another appointment on July 1, 1963.
• His appointment was approved by the Commissioner of Civil Service on March 24, 1965, with a stipulation that it would not extend beyond thirty days from the receipt of confirmation by the mayor.
• Barangan's service was terminated by the new Mayor Vicente Hernando on April 30, 1965, prompting Barangan to invoke his civil service eligibility and refuse to vacate his office.

Civil Service Commission Involvement

• After appealing to the Commissioner of Civil Service, Barangan received an indorsement on May 12, 1965, reapproving his appointment as provisional and then permanent under the relevant sections of Republic Act 2260.
• The Commissioner issued subsequent indorsements, reaffirming Barangan's status and advising his reinstatement.
• Despite the Commissioner's orders, Mayor Hernando appointed Gregorio Damo as chief of police on April 5, 1966.

Lega

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