G.R. No. L-32797 - Tolentino vs. De Jesus

Petitioner Pio L. Tolentino seeks to reverse the decision of the Court of Appeals dated August 24, 1970.
Tolentino served in the Antipolo police force since 1934, becoming sergeant in 1939 and Chief of Police in 1958.
His appointment as Chief of Police was initially temporary, pending a medical certificate, and later approved as permanent, subject to examination.
Tolentino passed a civil service examination for municipal chief of police in 1963, with results released in January 1964.
Despite the Commissioner of Civil Service recommending his reinstatement after his dismissal, the respondent Mayor appointed another individual to the position.

The Mayor presented evidence including a second indorsement from the Commissioner of Civil Service regarding the appointment of Jose Oliveros, who claimed salary for the period following Tolentino's dismissal.
The Commissioner stated that Tolentino's dismissal was legal due to his temporary appointment status.
A letter from the Commissioner to Tolentino indicated that his examination eligibility was canceled due to failure to disclose a prior criminal case, which could have disqualified him.

Tolentino's appointments were scrutinized, revealing that his initial appointment was temporary and not a permanent civil service position.
The legal implications of temporary appointments were discussed, indicating that such positions do not afford the same security of tenure as permanent appointments.
The acceptance of a temporary appointment divests the appointee of constitutional protections against removal without cause.

The Court of Appeals found that Tolentino had no civil service eligibility until he passed the chief of police examination, which was after his dismissal.
The Court affirmed that the Mayor's termination of Tolentino's services was legal and based on the lack of requisite civil service eligibility.
The findings of the Court of Appeals were deemed conclusive and not subject to dispute by Tolentino.

The Commissioner of Civil Service canceled Tolentino's eligibility due to his failure to disclose a criminal case...continue reading