G.R. No. L-11010; November 28, 1958
Basilio L. Guisadio, petitioner-appellee, vs. The Secretary of Public Works and Communications, The City of Cebu, The City Treasurer of Cebu, The City Auditor of Cebu and The City Engineer of Cebu, respondents-appellants.

FACTS

Basilio L. Guisadio, a civil service eligible employed as property clerk in the office of the City Engineer of Cebu, was found guilty of immorality by the Commissioner of Civil Service on September 26, 1951, for maintaining illicit relations with Rufina Bajo, resulting in the birth of a child. The Commissioner ordered him “to resign with prejudice to reinstatement.” He received notice of this decision on October 15, 1951. On November 10, 1951, he filed a motion for reconsideration. On October 23, 1952, the Commissioner modified the decision, stating the resignation was “without prejudice to reinstatement” but precluding him from using any earned leave. Guisadio received notice of this resolution but did not appeal to the Civil Service Board of Appeals. On November 4, 1952, he requested reinstatement from the City Engineer, who deferred action. On March 31, 1953, the City Engineer submitted, and the Secretary of Public Works and Communications approved, the appointment of Ramon M. Labayan to the property clerk position, effective April 1, 1953. Despite repeated requests, Guisadio was not reinstated. On April 18, 1955, he filed a petition for mandamus in the Court of First Instance of Cebu (amended on August 3, 1955, to include the Secretary as a respondent), seeking to invalidate Labayan’s appointment, secure his reinstatement, recover back salaries from November 4, 1952, and obtain damages. The trial court ruled in favor of Guisadio, ordering his reinstatement and payment of accumulated salary. The respondents appealed.

ISSUE

Whether the petitioner, Basilio L. Guisadio, is entitled to reinstatement to his former position and to the payment of back salaries through a writ of mandamus, given the final administrative decision of the Commissioner of Civil Service finding him guilty of immorality and ordering his resignation.

RULING

No. The Supreme Court reversed the trial court’s judgment and dismissed the petition. The Court held that under Section 695 of the Revised Administrative Code, the Commissioner of Civil Service had exclusive jurisdiction over the removal and discipline of civil service employees. The Commissioner’s decision, finding Guisadio guilty of immorality and ordering his resignation (later modified to be without prejudice to reinstatement), became final and executory after the lapse of thirty days from receipt, as Guisadio did not appeal to the Civil Service Board of Appeals. Consequently, even without an actual tender of resignation, Guisadio was considered dismissed from the service, and his position was vacant when his successor was appointed. Furthermore, mandamus cannot compel the appointing authorities (the Secretary of Public Works and Communications and the City Engineer) to appoint or reinstate the petitioner, as such appointment lies within their discretion. Costs were imposed against the appellee, Guisadio.