G.R. No. L-24894 March 25, 1970
ABELARDO SUBIDO, in his capacity as Commissioner of Civil Service, petitioner, vs. ANTONIO J. VILLEGAS, in his capacity as Mayor of Manila, respondent.

FACTS

The Court of First Instance of Manila, in a murder case (People v. Timoteo Cruz, et al.), observed that certain Manila Police Department officers (Capt. Jose Rarang, Lt. Gerardo Tamayo, and Det. Lt. Jesus Buenaventura) attempted to suppress or tamper with evidence and influence or intimidate witnesses. The Supreme Court affirmed these observations in its decision. On July 30, 1965, petitioner Abelardo Subido, as Civil Service Commissioner, wrote to respondent Mayor Antonio Villegas requesting appropriate administrative action against these officers under Republic Act No. 557 . The respondent mayor refused, citing a fact-finding inquiry that absolved the officers. The petitioner then filed this original action for mandamus to compel the mayor to file administrative charges with the Municipal Board as required by Section 1 of Republic Act No. 557 .

ISSUE

Whether the respondent City Mayor of Manila may be compelled by mandamus to prefer administrative charges against certain police officers under Republic Act No. 557 .

RULING

The petition is dismissed. The issue has become moot and academic. During the pendency of the case, Republic Act No. 4864 (the Police Act of 1966) was enacted, providing a new procedure for preferring and investigating charges against police officers. Sections 14 and 15 of this new law establish a Board of Investigators and do not require the city mayor to prefer charges; instead, proceedings are commenced by a written complaint under oath by an aggrieved party or representative. The implementing Police Manual (Executive Order No. 113) confirms this procedure. Consequently, the specific duty imposed on the city mayor by Republic Act No. 557 to prefer charges has been eliminated, rendering the mandamus action without purpose.