G.R. No. L-11169 - Hortillosa vs. Ganzon

Felipe Hortillosa began his service in the Iloilo City police department as a patrolman in 1936.
He passed the civil service examination for patrolman in September 1937 and was subsequently promoted through various ranks, culminating in his appointment as captain on June 23, 1955.
His appointment as captain was temporary, authorized by the Commissioner of Civil Service under Section 682 of the Revised Administrative Code.
On April 4, 1956, the Mayor of Iloilo City issued an executive order terminating Hortillosa's services as captain, effective the following day.

Following the termination, Hortillosa sought clarification from the Mayor regarding the status of his appointments.
His attorney sent a letter requesting reinstatement, asserting that Hortillosa was protected under Republic Act No. 557.
The Mayor did not respond to these inquiries, prompting Hortillosa to file a petition for a writ of mandamus in the Court of First Instance of Iloilo, seeking to declare the executive order illegal and to be reinstated.

The Mayor contended that Hortillosa's appointment as captain was temporary, allowing for his replacement by an eligible candidate at any time.
The trial court dismissed Hortillosa's petition, leading to his appeal.

The Constitution mandates a Civil Service that encompasses all government branches, requiring appointments based on merit and fitness, typically determined through competitive examinations.
The Civil Service Law stipulates that no individual shall be appointed to a classified service position without passing the requisite examination.
The Commissioner of Civil Service has the authority to establish rules to ensure efficient government administration, including provisions for promotion examinations.

Hortillosa's appointment as captain was temporary, and he had not passed the civil service examination for that rank, which precluded him from receiving a permanent appointment.
The temporary nature of his appointment meant he was not entitled to the protections afforded to permanent members of the police force under Republic Act No. 557.
Under Section 682 of the Revised Administrative Code, temporary appointments are limited to three months and can be replaced by eligible candidates at any time.

Hortillosa cited a previous court ruling (Amora vs. Bibera) to support his claim; however, the court found that the circumstances were different as the prior appointment was not permanent.
The court noted that the position of captain requires a higher level of qualification than that of a first-class patrolman, which Hortillosa h...continue reading