Case Digest: 81 SCRA 408 ARSENIO N. SALCEDO vs. THE COURT OF APPEALS, VENANCIO N. DIA

FACTS: 

Arsenio N. Salcedo was appointed as Chief of Police in Candelaria, Quezon in 1955. Records show that Salcedo then held civil service eligibility, having passed the U.S. Civil Service Examination for Messenger and Skilled Laborers in 1928. Considering his eligibility appropriate to the position of Chief of Police, the Commissioner of Civil Service validated the same and attested the appointment of Salcedo as permanent. On July 10, 1960, an administrative complaint for misconduct and serious irregularities in the performance of his duties was filed against Salcedo. During his suspension from the office, the mayor terminated the services of Salcedo as Chief of Police. The basis of the termination stated that Salcedo’s appointment as permanent was erroneous and illegal, since Salcedo didn’t possess the appropriate eligibility for the position of Chief of Police. Salcedo appealed to the Commissioner of Civil Service. Although the Commissioner found him guilty of conduct unbecoming a police officer, he was ordered reinstated and was imposed a fine of one month’s pay with a warning against similar offenses. The mayor refused to pay the reinstatement and appealed the decision of the CSC to the court of appeals. At first, the Court of Appeals ordered as well the reinstatement of the petitioner but the mayor moved to reconsider the decision of the Court of Appeals. The appellate court reversed its earlier decision and ordered the termination of the petitioner from service.


ISSUE/ISSUES:

1. Whether or not certain eligibility is appropriate for a position is within the exclusive prerogative of the Commissioner.
2. Whether or not the mayor can legally terminate petitioner’s services notwithstanding the attestation of the latter’s appointment as permanent by the Commissioner of Civil Service.


HELD/DECISIONS:

1. The Commissioner of Civil Service had the final authority with respect to appointments, removal, separation and other matters relating to the conduct, discipline  and efficiency of the employees in the Civil Service.

2. Petition Granted. Judgment appealed from is reversed and another is entered ordering the respondent mayor to pay petitioner’s back salary without deductions and pay for the attorney’s fees in the amount of P1, 000.00 and costs.