ANTONIO UY, PETITIONER AND APPELLANT, VS. JOSE RODRIGUEZ, MAYOR OF THE CITY OF CEBU, RESPONDENT AND APPELLEE.

This is an appeal from a judgment of the Court of First Instance of
Cebu dismissing the petition for mandamus instituted in that court by
Antonio Uy against Jose Rodriguez, mayor of the City of Cebu.
Petitioner Antonio Uy was appointed deputy inspector of the detective
force, police department, of the City of Cebu on July 1, 1946. On July
1, 1947, he was promoted to the position of senior detective inspector.
He held this position from that date until September 5, 1952, when the
respondent city mayor dispensed with his services on the ground that he
can no longer repose his trust and confidence in him. Upon receiving
this notice of dismissal, petitioner requested the mayor to reinstate
him, but the latter refused to do so. Hence, this action of mandamus.

The court a quo held that the position held by the
petitioner is primarily confidential and, therefore, Executive Order
No. 264, series of 1940, of the President of the Philippines is
applicable to the petitioner; that detectives in the City of Cebu
pertain to the “detective service,” which is distinct from the city
police force and, therefore, the provisions of Republic Act No. 557,
which require investigation prior to the dismissal of a member of the
city police force are not applicable.

The question raised in this special civil action has already been
decided squarely by us in the cases of Palomine, et al., vs. Zagado, et
al., 94 Phil., 494; Mission, et al., vs. del Rosario, 94 Phil., 483;
and Abella vs. Rodriguez, supra, 289. In said cases, we have
held that a member of the detective force of Cebu City is a member of
the police department of said city and may not be removed except in
accordance with the provisions of Republic Act No. 557.

The statement submitted by the petitioner shows that he is not a
civil service eligible, but neither does it appear from the record that
his appointment as member of the detective force was temporary in
character or for periods of three months merely, and that he had been
reappointed every three months until his separation. These
circumstances, in addition to the fact that he was promoted as senior
detective inspector, show that his appointment is not in a temporary
capacity. He may not, therefore, be dismissed or removed except in
accordance with the provisions of existing law.

The judgment appealed from is hereby reversed and the respondent
city mayor is ordered to reinstate the petitioner to his former
position of senior detective inspector in the detective force of the
City of Cebu, with right to arrears in salary from the time of his
separation to the date of his reinstatement. Without costs.

Paras, C. J., Pablo, Bengzon, Padilla, Montemayor, A. Reyes, Jugo, Bautista Angelo, Concepcion and J. B. L. Reyes, JJ., concur.