G.R. No. L-12492 - De la Cerna vs. Osmena, Jr.

Petitioner Andres de la Cerna was appointed as a detective in the Cebu City police department on July 1, 1946.
He faced administrative charges for "grave misconduct, serious irregularity in the performance of his duty, and violation of law and duty."
De la Cerna was suspended on June 7, 1953, pending the outcome of the charges against him.
After the 60-day suspension period, he requested reinstatement on August 7, 1953, citing Republic Act No. 557.
On October 10, 1953, he was informed that his position had been abolished in the 1953-1954 General Fund Budget, leading to the termination of his services.

On May 5, 1956, de la Cerna filed a petition for mandamus in the Court of First Instance of Cebu.
The petition sought to compel the City Mayor, municipal board members, city treasurer, and city auditor to reinstate him and pay his back salary.
The respondents filed an answer and subsequently a motion to dismiss the petition.

The trial court dismissed the petition on September 11, 1956, referencing the precedent set in Severino Unabia vs. the City Mayor of Cebu.
A motion for reconsideration was filed but was denied by the trial court on January 28, 1957.
Both orders of dismissal were appealed to a higher court.

De la Cerna claimed that the administrative case against him was still pending investigation.
Respondents contended that he had been found guilty and dismissed from service.
The court noted a lack of evidence to resolve this conflicting information.

The court acknowledged that de la Cerna's position was abolished, and he was separated from service on October 10, 1953.
He filed for reinstat...continue reading