G.R. No. L-11868; April 30, 1958
SERGIO G. MARTINEZ, petitioner, vs. MUNICIPAL MAYOR OF LABASON, GENEROSO B. TOKONG and ERIBERTO PAREJA AS MUNICIPAL TREASURER OF LABASON, respondents.

FACTS

Petitioner Sergio G. Martinez was the Chief of Police of Labason, Zamboanga del Norte. On June 14, 1956, respondent Mayor Generoso B. Tokong suspended Martinez from office for “negligence in the prosecution of offenses and malicious delay in the administration of justice.” The suspension was pending an administrative case before the Municipal Council. Ninety days later, on September 14, 1956, Martinez filed a mandamus proceeding in the Court of First Instance seeking reinstatement and payment of his salary, arguing that his suspension exceeded the 60-day limit under Republic Act No. 557 . The trial court denied the petition, citing that the Municipal Council had already decreed his dismissal after investigation and that his proper remedy was to appeal to the Commissioner of Civil Service. The parties submitted a stipulation of facts, which established that: Martinez was suspended on June 15, 1956; the 60-day period expired on August 13, 1956; the Municipal Council passed Resolution No. 97 on July 2, 1956, and Resolution No. 109 on July 24, 1956, to reinvestigate the case; on August 13, 1956, the Council heard the case ex-parte after Martinez walked out when his motion for postponement was denied; the Council rendered its decision dismissing Martinez on the same day; and Martinez filed a notice of appeal to the Commissioner of Civil Service on September 3, 1956. Before the Supreme Court’s adjudication, the Commissioner of Civil Service decided Martinez’s appeal on October 27, 1957, considering him resigned effective his suspension date.

ISSUE

1. Whether reinstatement of petitioner was mandatory after the 60-day suspension period under Republic Act No. 557 .
2. Whether it was necessary to include the Municipal Council as a party respondent.
3. Whether the suspension and removal were based on grounds not mentioned by Republic Act No. 557 .

RULING

1. No, reinstatement was not mandatory. Under Section 3 of Republic Act No. 557 , a suspended officer shall be reinstated after 60 days if the case is not finally decided, unless the delay is due to the fault, negligence, or petition of the accused. Here, the Municipal Council rendered a decision of removal on the 60th day (August 13, 1956). The case was not finally disposed of only because Martinez himself filed a notice of appeal, which constituted a “petition” that excused the delay. Thus, the delay was due to his own voluntary act. Furthermore, mandamus requires a clear legal right, which Martinez did not have after being found guilty and dismissed by the competent body. The Commissioner of Civil Service’s subsequent decision affirming his separation also negated any right to reinstatement.
2. The issue of non-joinder of the Municipal Council became immaterial in view of the Court’s resolution of the first issue.
3. No, the charges constituted valid grounds under Republic Act No. 557 . The negligence and delay attributed to Martinez fell under “misconduct or incompetency” or “violation of law or duty” as specified in Section 1 of the Act. The Court’s role is not to review the evidence but to ensure legal authority and procedural due process were observed. Initial procedural errors (some councilors signing the charges and improper delegation of investigation) were seasonably corrected through reinvestigation by the full Council, and the removal decree was issued within the 60-day period. The Civil Service Commission’s approval of the separation upon review further validated the proceedings.
The Supreme Court affirmed the trial court’s judgment, denying the petition for mandamus.