Case Summary (G.R. No. L-23670)
Chronology of Events
Angel Enciso applied for leave on February 15, 1952, which was granted by Mayor Deogracias Remo. Upon Enciso's leave of absence commencing on February 16, 1952, Sergio Calingan was appointed as his temporary replacement. Upon returning to duty after his leave, Enciso was informed that his position had been abolished, allegedly as requested by a directive from the Secretary of Finance. Enciso, deemed eligible for civil service, filed complaints leading to several legal actions, including a petition for mandamus to compel Remo to reinstate him and pay for damages.
Legal Proceedings and Reinstatement
Subsequent to Enciso's complaints, an order for reinstatement was issued by the Office of the President on March 15, 1954. Despite this order, Remo refused to reinstate him, resulting in Enciso's filing for a petition for mandamus. On August 2, 1954, an acting mayor reinstated Enciso; however, he was not fully restored to his previous status, which led him to demand additional damages, including back salaries for his time out of service.
Judgment and Subsequent Amendments
On November 26, 1957, the lower court granted judgment in favor of Enciso, mandating Mayor Remo to pay Enciso all accrued salaries along with attorney's fees. A notice of appeal was filed by Remo, but Enciso moved to include the municipality of Goa in the judgment, which subsequently was granted, making both the former mayor and municipality solidarily liable for salary payments.
Argument on the Abolition of Position
The respondents contended that Enciso's position was abolished, a claim the court rejected based on insufficient evidence provided by Remo. It was found that the municipal budget acknowledged the position's existence despite a change in rank designation from sergeant to corporal. The evidence pointed to a legislative intention of name change under Republic Act 554, which did not abolish Enciso's previous position.
Jurisdiction and Timing of Petitions
The respondents asserted that the lower court had lost jurisdiction when Enciso filed a motion for amendment of the decision concerning liability on December 24, shortly after being informed of the decision on December 3. However, the court ruled earlier adjustments regarding the nature of the case were valid, emphasizing that the action should be viewed as continuing and retaining its mandamus character rather than converting into an ordinary action due to the reinstatement.
Liability for Back Salary and Moral Damages
The court upheld the findings of bad faith on Remo's part for his refusal to reinstate Enciso as mandated, indicating that he acted beyond legal boundaries due to
...continue readingCase Syllabus (G.R. No. L-23670)
Case Background
- The case revolves around Angel Enciso, a sergeant in the police force of Goa, Camarines Sur, who applied for a leave of absence on February 15, 1952.
- The leave was granted by Deogracias Remo, the then mayor of Goa, and was later extended with Remo's approval.
- On February 16, 1952, while Enciso was on leave, Sergio Calingan was appointed to his position on an interim basis.
Legal Conflict
- Upon returning to duty after his leave, Enciso was informed that his position had been "abolished" based on a directive from the Secretary of Finance.
- Enciso, being a civil service eligible, contested this decision by filing a complaint with the provincial board, which led to no action.
- He escalated the matter to the Office of the President, resulting in an order for his reinstatement, which Remo refused to comply with.
Legal Proceedings
- Enciso subsequently filed a petition for mandamus, seeking reinstatement and damages.
- While the case was ongoing, he was reinstated by the acting municipal mayor on August 2, 1954, but he claimed this rei