Case Summary (G.R. No. L-9912)
Timeline of Events
On June 5, 1951, Cuyo was suspended by Councilor Luis Lardizabal pending an investigation into multiple administrative charges against him. These charges spanned several years, beginning in 1946 with accusations of insubordination and reprehensible conduct, culminating with allegations of abandonment of post and being absent without leave in 1951. Following an investigation, the City Council issued Resolution No. 204 on July 20, 1951, dismissing Cuyo from his position effective June 5, 1951.
Initial Administrative Proceedings
After his dismissal, Cuyo appealed to the Civil Service Commissioner, who, in a decision dated December 20, 1951, acknowledged previous punishments for individual infractions but upheld the City Council’s discretion in police officer appointments. While the Commissioner modified the dismissal to a transfer to another branch of the City Government, Cuyo perceived this decision as effectively sustaining his removal from the police force.
Legal Action Initiated by Cuyo
On August 1, 1955, Cuyo filed a case in the Court of First Instance of Baguio against the City Mayor, Council, and Treasurer for mandamus and damages. He sought several remedies, including the reinstatement to his police position and back pay from June 5, 1951, onward. The court’s decision mandated Cuyo’s transfer within the City Government and granted him back pay, though it denied attorney's fees, citing the respondents’ good faith.
Central Legal Issues
The core of Cuyo’s argument on appeal was that his dismissal was invalid. He contended that the investigation of the administrative charges was flawed, having been conducted by a council member rather than the full City Council, contravening Republic Act No. 557. Previous jurisprudence established that investigations into local police force members must be conducted by the entire council, thus rendering the charges and subsequent dismissal by Lardizabal nonviable.
Considerations of Laches and Abandonment
The appeal raised significant issues regarding the timeliness of Cuyo's action. While legal principles dictate that the right to a public office may be forfeited through abandonment, it is notably required that a petition for reinstatement be filed within one year of dismissal. Cuyo failed to file his case until more than three years after the Civil Service Commissioner’s denia
...continue readingCase Syllabus (G.R. No. L-9912)
Case Background
- On June 5, 1951, petitioner Romulo Cuyo, a regular member of the Baguio Police Department since February 20, 1946, was suspended by Councilor Luis Lardizabal pending investigation of administrative charges against him.
- The charges included various allegations of misconduct: insubordination and reprehensible conduct (December 31, 1946), conduct unbecoming a peace officer (October 21, 1948), lying (April 16, 1951), abandoning his post without proper authority (May 13, 1951), and absence without leave (AWOL) (May 16, 1951).
- Following the investigation, the Baguio City Council passed Resolution No. 204 on July 20, 1951, ordering Cuyo's dismissal effective June 5, 1951.
Administrative Proceedings
- Cuyo appealed the dismissal to the Civil Service Commissioner, who, in a decision dated December 20, 1951, found that the City Council acted within its discretion and noted that Cuyo had already been punished for the alleged offenses.
- The Commissioner modified the dismissal decision, ordering Cuyo to be transferred to another branch of the Baguio City Government instead of outright dismissal.
Legal Action Initiated by Cuyo
- On August 1, 1955, Cuyo filed a petition for mandamus and damages against the Baguio City Mayor, Council, and Treasurer. His petition sought:
- A declaration that the investigation and decision against hi