TEODULO T. ORAIS ET AL., PETITIONERS AND APPELLANTS, FELIPE ENELO AND LUIS MARTE, PETITIONERS AND APPELLEES, VS. MAMERTO S. RIBO, ET AL., RESPONDENTS AND APPELLEES, BIENVENIDO G…

This is a petition for a writ of quo warranto to
test the legality of the appointments of Isidro Magallanes as deputy
provincial warden, Pedro Flores as corporal of the provincial guards,
and Crisanto Cab, Dalmacio Cortel, Rafael Galleon, Bienvenido Gonzales,
Filomeno Adobas, Francisco Tavera, Jacinto Barro, Constancio Acasio,
Tereso Kaindoy, Narciso Ravago and Arcadio Maglines, as provincial
guards of Leyte, with station at Maasin; and of mandamus to
compel the respondent Mamerto S. Ribo in his capacity as provincial
governor to reinstate the petitioners in the positions held by his
co-respondents named above, and him (Ribo) and Melecio Palma, the
latter in his capacity as provincial treasurer of Leyte, to pay the
unpaid salaries allegedly due the petitioners from 1 November 1950 up
to the final disposition of this case, and Francisco P. Lopez, in his
capacity as clerk of the Court of First Instance of Leyte, to turn over
to the petitioners all the prisoners in the provincial jail.

Simultaneously on 12 April 1951 the parties entered into the following stipulations of facts, the first reading as follows—

The
petitioners and the respondents Provincial Governor Mamerto S. Ribo and
Provincial Treasurer Melecio Palma assisted by their respective
counsels have come to the following:

AGREED STATEMENT OF FACTS

1. That residences of petitioners and respondents are admitted to be that
   of Leyte as well as of their respective capacities;

2. That the respondents admit the appointment and commissions of the
   petitioners per Exhibits A, A-1 to A-14. In each and every appointment
   of said petitioners appear the following authorization by the Acting
   Commissioner of Civil Service:

   “Authorized
   under section 682 of the Revised Administrative Code to continue only
   until replaced by an eligible, but not beyond thirty (30) days from the
   date of receipt of the certification of eligibles, provided, there is
   no qualified employee from the ranks who may be promoted to the
   position involved.

   (Sgd.)	Acting Commissioner
   	of Civil Service”

   
   

3. That the
   respondent Governor Ribo addressed a communication to petitioners
   informing the latter that their services were ordered terminated as of
   the last working hours of October 31, 1950;

4. That the petitioners are all married and have their children except
   Felipe Enelo, Vedasto Cabales and Teotimo Mullet who are still single;

5. That the petitioners have not received their salaries corresponding to
   the period from October 16 to October 31, 1950 except on January 26,
   1951, already;

6. That until now said
   petitioners have not been given their salaries corresponding to the
   period from November 1, 1950 up to the present;

7. That the petitioners despite the termination order issued by the
   Provincial Governor remained in their posts and occupied still the
   Provincial Jail proper in the court house of the Court of First
   Instance, Maasin, Leyte, until January 8, 1951, pursuant to their
   contention that their case is covered by Republic Act No. 557 as per
   telegram dated November 1, 1950 by Orais addressed to Governor Ribo as
   Exhibit H. That respondents Isidro Magallanes, Narciso Ravago,
   Bienvenido Gonzales, Constancio Acasio, Franciso Tavera, Dalmacio
   Corte, Tereso Caindoy, Pedro Flores, Arcadio Maglines, Filomeno Adobas,
   Rafael Galeon, Crisanto Cab, Jacinto Barro, have been holding their
   offices in the upper story of the said court house, Court of First
   Instance, Maasin, Leyte from November 1, 1950 to January 8, 1951;

8. Said respondents admit the following documents:

   (a) Telegram by the Honorable Secretary of Justice to Provincial Fiscal Lardizabal dated November 14, 1950, Exhibit C;

   (b) The communication addressed by Governor Mamerto S. Ribo to the Provincial Fiscal of Leyte, dated November 2, 1950, Exhibit D;

   (c)
   Respondents also admit the communication addressed by the Provincial
   Fiscal Jose O. Lardizabal to the Provincial Governor dated November 13,
   1950, marked Exhibit E;

   (c-1) Both
   counsels in this stipulation of facts agreed that Teodulo Orais was
   appointed on September 1, 1949 instead of September 1, 1950 in
   paragraph 1 of Exhibit E;

   (d)
   Communication addressed by Provincial Fiscal Lardizabal to petitioner
   petitioner Teodulo Orais dated November 3, 1950, as Exhibit I;

   (e)
   The communication addressed by Acting Provincial Warden Isidro P.
   Magallanes to petitioners herein dated December 7, 1950, Exhibit J;

   (f) The telegram addressed by Fiscal Veloso to petitioner Teodulo Orais dated November 29, 1950 as Exhibit K;

   (g) The telegram addressed by the Auditor General to the Provincial Auditor, Tacloban, Leyte, dated November 14, 1950, Exhibit F.

9. That said respondents admit the genuineness and due execution but not the legality and conclusion of the following:

Letter
by the Commissioner of Civil Service Jose Gil addressed to Speaker
Domingo Veloso dated February 15, 1951, Exhibit B, and the additional
papers: Honorable Discharge of Alfredo Lucin, Exhibit B-l; Honorable
discharge of Felipe Enelo, Exhibit B-2; Honorable Discharge of Manuel
Kangleon, Exhibit B-3; and Honorable Discharge of Luis Marte, Exhibit
B-4.

WHEREFORE, the parties to this Honorable Court, most
respectfully submit the foregoing stipulation of facts with the
reservation to submit such additional evidence as each party deems
necessary.

Maasin, Leyte, April 12, 1951.

The second reads thus—

COME
now the parties hereto duly assisted by their respective counsels and
to this Honorable Court respectfully submit stipulation of facts, as
follows:

1. That the parties, petitioners and respondents, are residents of the Province of Leyte within the jurisdiction of this court;
2. That the positions of provincial guard stationed in Maasin Provincial
   Jail, subject matter of this petition, were duly created by law;

3. That the petitioners were duly appointed members of the Provincial
   Guard Corps stationed at Maasin, Leyte, on the dates indicated after
   their respective names, and they duly qualified and assumed office,
   discharged their duties as such provincial guards on the dates
   hereinbelow indicated, to wit:

   		Name of Petitioner	Date of Appointment	Date Assumed	Position
   1.		Teodulo T. Orais	Sept. 1, 1949	Sept. 2, 1949	Sgt., P. G.
   2.		Eulalio Bernades	Sept. 1, 1949	Sept. 2, 1949	P. G.
   3.		Dominador Cordoves	Sept. 1, 1949	Sept. 2, 1949	P. G.
   4.		Domingo Saligo	Sept. 1, 1949	Sept. 2, 1949	P. G.
   5.		Teotimo Mullet	Sept. 1, 1949	Sept. 2, 1949	P. G.
   6.		Ramon Kadavero	Sept. 1, 1949	Sept. 2, 1949	P. G.
   7.		David Lim	Sept. 1, 1949	Sept. 2, 1949	P. G.
   8.		Nicomedes Conejos	Sept. 1, 1949	Sept. 2, 1949	P. G.
   9.		Vedasto Cabales	Sept. 1, 1949	Sept. 2, 1949	P. G.
   10.		Meliton de Gracia	Sept. 1, 1949	Sept. 2, 1949	P. G.
   11.		Margarito Basuga	Sept. 1, 1949	Sept. 2, 1949	P. G.
   12.		Felipe Enelo	Sept. 1, 1949	Sept. 2, 1949	P. G.
   13.		Luis Marte	Sept. 1, 1949	Sept. 2, 1949	P. G.
   14.		Alfredo Lucin	Sept. 1, 1949	Sept. 2, 1949	Actg. Cpl.
   15.		Manuel Kangleon	Sept. 1, 1949	Sept. 2, 1949	P. G.

   as shown by Exhibits A, A-1 to A-14;

4. That petitioners Manuel Kangleon, Alfredo Lucin, Felipe Enelo and Luis
   Marte are veterans pursuant to Republic Act No. 65, as amended by
   Republic Act No. 154, but are not civil service eligibles (See
   Communication of Commissioner of Civil Service to Speaker Protempore
   Veloso, dated February 15, 1951, marked Exhibit B and additional papers
   as Exhibits B-1, B-2, B-3, and B-4); and the rest of the petitioners
   are not veterans and have not qualified in any civil service
   examination for the classified civil service.

5. That from the respective dates of petitioners’ assumption of office and
   the termination of their sevices, as hereinbelow indicated, to wit:

   		Name of Petitioner	Date of Appointment	Termination
   1.		Teodulo T. Orais	Sept. 2, 1949	Oct. 31, 1950
   2.		Eulalio Bernades	Sept. 2, 1949	Oct. 31, 1950
   3.		Dominador Cordoves	Sept. 2, 1949	Oct. 31, 1950
   4.		Domingo Saligo	Sept. 2, 1949	Oct. 31, 1950
   5.		Teotimo Mullet	Sept. 2, 1949	Oct. 31, 1950
   6.		Ramon Kadavero	Sept. 2, 1949	Oct. 31, 1950
   7.		David Lim	Sept. 2, 1949	Oct. 31, 1950
   8.		Nicomedes Conejos	Sept. 2, 1949	Oct. 31, 1950
   9.		Vedasto Cabales	Sept. 2, 1949	Oct. 31, 1950
   10.		Meliton de Gracia	Sept. 2, 1949	Oct. 31, 1950
   11.		Margarito Basuga	Sept. 2, 1949	Oct. 31, 1950
   12.		Felipe Enelo	Sept. 2, 1949	Oct. 31, 1950
   13.		Luis Marte	Sept. 2, 1949	Oct. 31, 1950
   14.		Alfredo Lucin	Sept. 2, 1949	Oct. 31, 1950
   15.		Manuel Kangleon	Sept. 2, 1949	Oct. 31, 1950

   the said petitioners have continuously performed the duties of their office regularly and without interruption;

6. That the respondent Provincial Governor, Hon. Mamerto S. Ribo, ordered
   the services of each and everyone of the petitioners terminated
   effective as of October 31, 1950; and appointed in their stead the
   respondent provincial guards who qualified and assumed their respective
   positions and discharged the duties as such provincial guards on the
   dates opposite their names up to the present time as indicated below,
   to wit:

   		Respondents	Appointment Date of	Assumed Office
   1.		Isidro Magallanes	Oct. 31, 1950	Nov. 1, 1950
   2.		Pedro Flores	Oct. 31, 1950	Nov. 1, 1950
   3.		Francisco Tavera	Oct. 31, 1950	Nov. 1, 1950
   4.		Narciso Ravago	Oct. 31, 1950	Nov. 1, 1950
   5.		Crisanto Cab	Oct. 31, 1950	Nov. 1, 1950
   6.		Dalmacio Cortel	Oct. 31, 1950	Nov. 1, 1950
   7.		Rafael Galleon	Oct. 31, 1950	Nov. 1, 1950
   8.		Bienvenido Gonzales	Oct. 31, 1950	Nov. 1, 1950
   9.		Filomeno Adobas	Oct. 31, 1950	Nov. 1, 1950
   10.		Jacinto Barro	Oct. 31, 1950	Nov. 1, 1950
   11.		Constancio Acasio	Oct. 31, 1950	Nov. 1, 1950
   12.		Tereso Kaindoy	Oct. 31, 1950	Nov. 1, 1950
   13.		Arcadio Maglines	Oct. 31, 1950	Nov. 1, 1950

   as shown by Exhibits 1, 2, 2(a), 3, 4, 4(a), 5, 6, 6(a), 7, 7(a), 8, 8(a), 9, 9(a), 10, 10(a), 11, 11(a), 12, 12(a), 13, and 13(a);

7. That the petitioners declined or refused to vacate their respective
   positions as provincial guards at Maasin, Leyte, in favor of respondent
   provincial guards, notwithstanding the order of respondent Provincial
   Governor, Hon. Mamerto S. Ribo, terminating their services effective as
   of October 31, 1950, and continued to hold their respective positions
   until January 8, 1951, when they turned over their quarters and jail
   facilities to the respondent provincial guards;

8. That respondent Isidro Magallanes, a civil service eligible, replaced
   petitioner Teodulo T. Orais, a non-eligible; respondent Pedro Flores, a
   civil service eligible, replaced petitioner David Lim, a non-eligible;
   respondent Francisco Tavera, a civil service eligible, replaced
   petitioner Domingo Saligo, a non-eligible; respondent Narcisco Ravago,
   a civil service eligible, replaced petitioner Eulalio Bernades, a
   non-eligible; respondent Crisanto Cab, a non-eligible, replaced
   petitioner Nicomedes Conejos, a non-eligible; respondent Dalmacio
   Cortel, a non-eligible, replaced petitioner Ramon Kadavero, a
   non-eligible; respondent Rafael Galleon, a non-eligible, replaced
   petitioner Vedasto Cabales, a non-eligible; respondent Bienvenido
   Gonzales, a non-eligible, replaced petitioner Felipe Enelo, a
   non-eligible; respondent Filomeno Adobas, a non-eligible, replaced
   petitioner Meliton de Gracia, a non-eligible; respondent Jacinto Barro,
   a non-eligible, replaced petitioner Margarita Basuga, a non-eligible;
   respondent Constancio Acasio, a non-eligible, replaced petitioner Luis
   Marte, a non-eligible; respondent Tereso Kaindoy, a non-eligible,
   replaced petitioner Dominador Cordoves, a non-eligible; and respondent
   Arcadio Maglines, a non-eligible, replaced petitioner Teotimo Mullet, a
   non-eligible, as shown by Exhibits 1 to 13;

9. That since the aforesaid petitioners have been duly appointed and
   qualified and assumed the performance of their respective offices up to
   the time their services were ordered terminated effective as of October
   31, 1950, they did not resign nor have they been either for misconduct,
   incompetency, disloyalty to the Philippine Government, neither have
   they ever committed any irregularity in the performance of their duties
   nor have they violated any law or duty or committed any act that may
   cause abandonment of their duties nor have they been investigated for
   cause;

10. That until the present, the
    respondents, Governor, Treasurer and Guards, have refused and continue
    to refuse the petitioners their respective positions above mentioned
    and they have not been paid their salaries from the time of the
    termination of their services or removal from their offices until the
    present;

11. That the respondent
    provincial guards were paid their salaries as such provincial guards,
    the first salary payment having been made on December 26, 1950, after
    their respective appointments have been duly authorized by the
    Commissioner of Civil Service and approved by the Secretary of the
    Interior;

12. Respondents and
    petitioners admit the authencity and due execution of Exhibits A, A-1
    to A-14, B, B-1 to B-4, C, D, E, F, G, H, I, J, K, L, L-1, L-2, and L-3
    of petitioners and of Exhibits 1, 1(a), 1(b), 2, 2(a), 3, 4, 4(a), 4(b), 4(c), 4(d), 4(e), 4(f), 4(g), 5, 6, 6(a), 7, 7(a), 8, 8(a), 9, 9(a), 10, 10(a), 11, 11(a), 12, 12(a), 13, 13(a), 14, 15, 16 (2 pages), 17 (2 pages), 17(a), 17(b), 17(c), 17(d), 17(e), and 17(f) for respondents, respectively, without necessarily admitting their validity, legality nor the conclusions therein contained.

    WHEREFORE, the parties to this Honorable Court most respectfully submit
    the foregoing stipulation of facts for approval with the reservation to
    submit such additional evidence as each party may deem necessary.

    MAASIN, Leyte, April 12, 1951.

Upon the above quoted stipulations of facts, the Court of First
Instance of Leyte rendered judgment, the dispositive part of which is—

(a) Declarando a los recurrentes Teodulo
Orais, Eulalio Bernades, Dominador Cordoves, Domingo Saligo, Teotimo
Mullet, Ramon Cadavero, David Lim, Nicomedes Conejos, Vedasto Cabales,
Meliton de Gracia, y Margarito Basuga, sin derecho a los cargos de
sargento de la guardia provincial y guardias provinciales ocupados por
los recurridos Isidro Magallanes, Pedro Flores, Francisco Tavera,
Narciso Ravago Crisanto Cab, Dalmacio Cortel, Rafael Galleon, Filomeno
Adobas, Jacinto Barro, Tereso Caindoy y Arcadio Maglines y sobreseyendo
su accion.

(b) Declarando a los recurrentes
Felipe Enelo y Luis Marte con derecho de continuar en sus cargos como
guardias provinciales y que los nombramientos extendidos a favor de los
recurridos Bienvenido Gonzales y Constancio Acasio son contrarios a la
ley, y ordenando a estos dos ultimos que entreguen sus puestos a los
referidos recurrentes Felipe Enelo y Luis Marte.

(c)
Ordenando al tesorero provincial Sr. Melecio Palma, o a su sucesor que
pague los sueldos de los recurrentes Felipe Enelo y Luis Marte desde al
primero de Noviembre de 1950 y mientras dichos recurrentes continuen
desempeñando sus cargos legalmente.

(d) Sobreseyendo la accion de los recurrentes Manuel Kangleon y Alfredo Lucin.

(e) Absolviendo libremente de la demanda a los recurridos Mamerto S. Ribo y Francisco P. Lopez; y

(f) Condenando a los recurrentes, excepcion de Felipe Enelo y Luis Marte, a pagar las costas del juicio.

From this judgment the petitioners, with the exception of Felipe
Enelo and Luis Marte, appealed. Respondents Bienvenido Gonzales and
Constancio Acasio appealed from the decision in so far as the trial
court found them not entitled to the positions claimed by them.

The respondents Isidro Magallanes, Pedro Flores, Francisco Tavera
and Narciso Ravago, all civil service eligibles, replaced the
petitioners Teodulo T. Orais, David Lim, Domingo Saligo and Eulalio
Bernades, respectively, who are not civil service eligibles. The rest
of the respondents, not civil service eligibles, replaced the rest of
the petitioners, except Manuel Kangleon and Alfredo Lucin are also not
civil service eligibles. Respondents Bienvenido Gonzales and Constancio
Acasio, not civil service eligibles, replaced Felipe Enelo and Luis
Marte who though not civil service eligibles are veterans.

Petitioners invoke in support of their claim section 682 of the
Revised Administrative Code, as amended by Commonwealth Acts Nos. 177
and 281. Said section provides:

Temporary appointment without examination and
certification by the commissioner of civil service on his local
representative shall not be made to competitive position in any case,
except when the public interests so require, and then only upon the
prior authorization of the Commissioner of Civil Service; and any
temporary appointment so authorized shall continue only for such period
not exceeding three months as may be necessary to make appointment
through certification of eligibles, and in no case shall extend beyond
thirty days from receipt by the chief of the bureau or office of the
Commissioner’s certification of eligibles; * * *.

Appointments made under the section are temporary, when the public
interests so require and only upon the prior authorization of the
commissioner of civil service, not to exceed three months and in no
case shall extend beyond thirty days from receipt by the chief of the
bureau or office of the commissioner’s certification of eligibles. The
fact that the petitioners held the positions for more than three months
does not make them civil service eligibles. Also the fact that the
acting commissioner of civil service authorized their appointments
“under section 682 of the Revised Administrative Code to continue only
until replaced by any eligible” does not make them eligibles. The
holding of a position by a temporary appointee until replaced by an
eligible in disregard of the time limitation of three months is
unauthorized and illegal. The temporary appointment of other
non-eligibles to replace those whose terms have expired is not
prohibited. Hence the replacement of Teodulo T. Orais, David Lim,
Domingo Saligo and Eulalio Bernades, who are non-eligibles, by Isidro
Magallanes, Pedro Flores, Francisco Tavera and Narciso Ravago, who are
eligibles, is in accordance with law. The replacement of non-eligibles
by non-eligibles is lawful under the pursuant to section 682 of the
Revised Administrative Code. The replacement of Felipe Enelo and Luis
Marte, non-eligibles but veterans, by Bienvenido Gonzales and
Constancio Acasio, who are no-eligibles, is unlawful. The former are
preferred under Republic Act No. 65, as amended by Republic Act No.
154, they having been appointed within the term provided for in said
Republic Acts. If the preference of a veteran is to be confined to
appointment and promotion only and does not include the right to
continue to hold the position to which he was appointed until an
eligible is certified by the Commissioner of Civil Service, then he
would be in no better situation than a non-eligible who is not a
veteran. The appointment of a veteran, however, is subject to
cancellation or his removal from office or employment must be made by
competent authority when the Commissioner of Civil Service certifies
that there is an eligible.

There is no averment in the petition that the positions held by
Manuel Kangleon and Alfredo Lucin were usurped or that they were
replaced by others in their positions as provincial guards. Hence the
petition in so far as it concerns them must be dismissed.

Republic Act No. 557 is also invoked by the appellants Bienvenido
Gonzales and Constancio Acasio. The act guarantees the tenure of office
of provincial guards and members of city and municipal police who are
eligibles. Non-eligibles like the two appellants do not come under the
protection of the act invoked by them.

The judgment appealed from is affirmed, without costs.

Paras, C.J., Pablo, Bengzon, Tuason, Montemayor, Reyes, Jugo, Bautista Angelo and Labrador, JJ., concur.