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Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-4945           October 28, 1953

TEODULO T. ORAIS ET AL., petitioners-appellants,
FELIPE ERNELO and LUIS MARTE, petitioners-appellees,
vs.
MAMERTO S. RIBO, ET AL., respondents-appellees,
BIENVENIDO GONZALES and CONSTANCIO ACASIO, respondents-appellants.

Filemon Saavedra for appellants.
Prisco M. Bitos for appellees.

PADILLA, J.:

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 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 counsel 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, Francisco Tavera, Dalmacio Cortel, 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;

(d) 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;

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

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

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

(h) 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-1; 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 Petitioners	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. Dominador 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. Nicodemedes 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 as veterans pursuant to Republic Act No. 65, as amended by Republic Act. 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 service, as hereinbelow indicated, to wit:

Name of Petitioner	Assumption	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 interruptions;

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 the 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 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 (c), 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 Narciso Ravago, a civil service eligble, replaced petitioner Eulalio Bernades, a non-eligible; respondent Crisanto Cab, a non-eligible, replaced petitioner Nicomedes Conejos, anon-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 Margarito Basuga, a non-eligible; respondent Constancio Acasio, anon-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 Exhibit 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 removed 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 abandonement 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 authenticity and due execution of Exhibit a 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 (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 (a), 17 (b), 17 (c), 17 (d), 17 (e), and 17 (f) for respondent, 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 nombremientos extendidos a favor de los recurridos Bienvenido Gonzales y Constancio Acasioson contrarios a la ley, y ordenado a estos dos ultimos que entreguen suspuestos a los refiridos recurrente Felipe Enelo y Luis Marte.

(c) Ordenado al tesorero provincial Sr. Melecio Palma, o a su succesor porque pague los sueldos de los reccurentes Felipe Enelo y Luis Marte desdeal primero de Noviembre de 1950 y mientras dichos reccurentes continuendes empenando 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. Riboy 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, all not civil service eligibles, replaced the rest of the petitioners, except Manuel Kangleon and Alfredo Lucin, who are also not civil service eligibles. Respondents Bienvenido Gonzales and Constancio Acasio, 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 a competitive position in any case, except when the public interest 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 of 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 then 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 an 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 authorized and illegal. The temporary appointment of other no-eligibles to replace those whose terms have expired is not prohibited. Hence the replacement of Teodulo T. Orais, David Lim, Domingo Saligo and Eulalio Bernardes, 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 non-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 anon-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.

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