EN BANC
[G.R. No. L-12536. September 24, 1958. ]
CONCEPCION G. BRIONES accompanied by her husband DEMOCRITO R. BRIONES, and FAUSTINO O. ROSAGARAN, Petitioners-Appellees, v. SERGIO OSMEÑA, JR., Mayor of Cebu City, ETC., ET AL., Respondents-Appellants.
City Fiscal and Quirico del Mar for Appellants.
Albino, Albino & Pacquiao for Appellees.
SYLLABUS
1. PUBLIC OFFICERS; ABOLITION OF OFFICE; RIGHT CANNOT BE EXERCISED IN VIOLATION OF CIVIL SERVICE LAW. — While abolition of the office does not imply removal of the incumbent, the rule is true only where the abolition is made in good faith; the right to abolish can not be used to cover the discharge of employees in violation of the civil service law nor can it be exercised for personal or political reasons. (Gacho, Et. Al. v. Osmeña, Et Al., 103 Phil., 837.)
D E C I S I O N
REYES, J.B.L., J.:
This is an action for mandamus with damages, to declare the abolition of petitioners’ positions void and to order the respondent City Mayor to reinstate them to their former positions.
Petitioner Concepcion G. Briones is a first grade civil service eligible. On March 4, 1937, she was appointed Clerk-Stenographer in the Office of the City Treasurer of Cebu and on August 5, 1937, she was transferred to the Office of the City Mayor, in the same capacity as Clerk-Stenographer, but with permanent status, since then she remained in service continuously, receiving repeated promotions and increases in salary.
Petitioner Faustino O. Rosagaran, on the other hand, is a second grade civil service eligible. He was employed in the Office of the City Mayor of Cebu since July, 1940, and promoted to Administrative Officer. In 1955, he was publicly declared and adjudged "Model Employee." (Annex "G", records, p. 22).
On January 5, 1956, the Municipal Board of the City of Cebu, acting upon the request of the respondent City Mayor embodied in his letter, dated January 4, 1956, passed Resolution No. 21, series of 1956, creating 35 positions in the City Mayor’s office, and appropriating therefor the necessary amount for salaries for six months, the amounts of P28,000 for office equipment, P2,000 for office supplies and an additional amount of P10,000 for the City Mayor’s discretionary fund.
The new positions were:chanrob1es virtual 1aw library
Private Secretary at P255 a month P1,530.00
Assistant Private Secretary at P215 a month P1,290.00
Two (2) Confidential Assistants at P200 each per month P2,400.00
Two (2) Liaison Officers at P250 each per month P3,000.00
One Driver at P175 per month P1,050.00
One Driver at P120 per month P 720.00
One Janitor at P120 per month P 720.00
Two (2) Laborers at P120 each per month P1,440.00
Two (2) Stenographers at P150 each per month P1,800.00
One Receptionist at P130 per month P 780.00
Public Relations Officer at P300 per month P1,800.00
Two Assistant Public Relations Officers at P150 each per
month P1,800.00
One Stenographer at P150 per month P 900.00
One Laborer at P120 per month P 720.00
One Janitor at P120 per month P 720.00
Chief, Complaints and Investigation Division at P300 per
month P1,800.00
Two (2) Legal Assistants at P200 each per month P2,400.00
One Laborer at P120 per month P 720.00
One Janitor at P120 per month P 720.00
Three (3) Informers at P150 each per month P2,700.00
Seven (7) Informers at P120 each per month P5,040.00
—————
Total P34,050.00
—————
On February 14, 1956, the Municipal Board in its Resolution No. 187, series of 1956, approved Ordinance No. 192, abolishing 15 positions in the City Mayor’s office and 17 positions in the Office of the Municipal Board, or a total of 32 positions in both offices. Among the positions abolished in the Office of the City Mayor were those occupied by petitioners. (Exh. "H", pp. 23-24). The Ordinance was approved by the City Mayor on February 20, 1956.
Pursuant to said Ordinance No. 192, the City Mayor, on February 23, 1956, wrote separate letters to petitioners notifying them of the abolition of their positions and advising them of the termination of their services "effective at the close of business hours on March 15, 1956." (Exhs. I and I-1, Records, pp. 25-26). In reply thereto, petitioners Briones and Rosagaran, respectively, wrote in March 1956, separate letters to the respondent City Mayor (1) acknowledging receipt his letters of separation, (2) protesting the abolition of their positions, and (3) informing him that they will not relinquish their positions "until otherwise determined by higher competent authorities or courts." (Exhs. J and J-1, Records, pp. 27-28).
As the respondent City Mayor persisted in terminating their services, added to the fact that the respondents City Treasurer and City Auditor refused to pay their salaries after March 16, 1956, petitioners filed the instant petition for reinstatement, back salaries, moral damages and attorney’s fees.
The Court of First Instance of Ceb
Petitioner Concepcion G. Briones is a first grade civil service eligible. On March 4, 1937, she was appointed Clerk-Stenographer in the Office of the City Treasurer of Cebu and on August 5, 1937, she was transferred to the Office of the City Mayor, in the same capacity as Clerk-Stenographer, but with permanent status, since then she remained in service continuously, receiving repeated promotions and increases in salary.
Petitioner Faustino O. Rosagaran, on the other hand, is a second grade civil service eligible. He was employed in the Office of the City Mayor of Cebu since July, 1940, and promoted to Administrative Officer. In 1955, he was publicly declared and adjudged "Model Employee." (Annex "G", records, p. 22).
On January 5, 1956, the Municipal Board of the City of Cebu, acting upon the request of the respondent City Mayor embodied in his letter, dated January 4, 1956, passed Resolution No. 21, series of 1956, creating 35 positions in the City Mayor’s office, and appropriating therefor the necessary amount for salaries for six months, the amounts of P28,000 for office equipment, P2,000 for office supplies and an additional amount of P10,000 for the City Mayor’s discretionary fund.
The new positions were:chanrob1es virtual 1aw library
Private Secretary at P255 a month P1,530.00
Assistant Private Secretary at P215 a month P1,290.00
Two (2) Confidential Assistants at P200 each per month P2,400.00
Two (2) Liaison Officers at P250 each per month P3,000.00
One Driver at P175 per month P1,050.00
One Driver at P120 per month P 720.00
One Janitor at P120 per month P 720.00
Two (2) Laborers at P120 each per month P1,440.00
Two (2) Stenographers at P150 each per month P1,800.00
One Receptionist at P130 per month P 780.00
Public Relations Officer at P300 per month P1,800.00
Two Assistant Public Relations Officers at P150 each per
month P1,800.00
One Stenographer at P150 per month P 900.00
One Laborer at P120 per month P 720.00
One Janitor at P120 per month P 720.00
Chief, Complaints and Investigation Division at P300 per
month P1,800.00
Two (2) Legal Assistants at P200 each per month P2,400.00
One Laborer at P120 per month P 720.00
One Janitor at P120 per month P 720.00
Three (3) Informers at P150 each per month P2,700.00
Seven (7) Informers at P120 each per month P5,040.00
—————
Total P34,050.00
—————
On February 14, 1956, the Municipal Board in its Resolution No. 187, series of 1956, approved Ordinance No. 192, abolishing 15 positions in the City Mayor’s office and 17 positions in the Office of the Municipal Board, or a total of 32 positions in both offices. Among the positions abolished in the Office of the City Mayor were those occupied by petitioners. (Exh. "H", pp. 23-24). The Ordinance was approved by the City Mayor on February 20, 1956.
Pursuant to said Ordinance No. 192, the City Mayor, on February 23, 1956, wrote separate letters to petitioners notifying them of the abolition of their positions and advising them of the termination of their services "effective at the close of business hours on March 15, 1956." (Exhs. I and I-1, Records, pp. 25-26). In reply thereto, petitioners Briones and Rosagaran, respectively, wrote in March 1956, separate letters to the respondent City Mayor (1) acknowledging receipt his letters of separation, (2) protesting the abolition of their positions, and (3) informing him that they will not relinquish their positions "until otherwise determined by higher competent authorities or courts." (Exhs. J and J-1, Records, pp. 27-28).
As the respondent City Mayor persisted in terminating their services, added to the fact that the respondents City Treasurer and City Auditor refused to pay their salaries after March 16, 1956, petitioners filed the instant petition for reinstatement, back salaries, moral damages and attorney’s fees.
The Court of First Instance of Ceb
