G.R. No. L-22355 September 30, 1969
ANTOLIN GALENO, petitioner-appellant, vs. REINERIO TICAO in his capacity as Mayor of the City of Iloilo, respondent-appellee.

FACTS

Petitioner Antolin Galeno sent an unsworn letter-complaint to the City Board of Iloilo on October 16, 1962, charging Detective Captain Emeterio Verde with grave misconduct related to an incident on October 8, 1962. A copy was furnished to respondent Mayor Reinerio Ticao. The City Board, by resolution, referred the letter to the Mayor for appropriate action. The Mayor endorsed it to the Chief of Police, who assigned Captain Rafael D. Lavente to investigate. Lavente’s report recommended dismissal of the complaint. Galeno then sent a sworn amended letter-complaint to the Mayor on November 27, 1962, reiterating the allegations. The Mayor informed Galeno of the investigation report and refusal to file charges, noting that the City Fiscal had also dismissed a related criminal complaint for insufficiency of evidence. Galeno, through counsel, demanded the Mayor to prefer administrative charges before the City Board. Upon the Mayor’s refusal, Galeno filed a petition for mandamus in the Court of First Instance of Iloilo to compel the Mayor to perform this alleged ministerial duty. The trial court dismissed the petition.

ISSUE

Whether, under Section 1 of Republic Act 557, the city mayor has a mandatory, ministerial duty to prefer charges against a city police officer with the city council upon the mere filing of a complaint by any person.

RULING

No. The Supreme Court ruled that it is not a mandatory duty of the city mayor to prefer charges against a police officer with the city council upon the mere filing of a complaint. The Court affirmed the trial court’s decision, noting that Republic Act 557 repealed the prior provision (Article 2272 of the Revised Administrative Code) which allowed any person to prefer charges. The omission of this citizen’s right in Republic Act 557 signifies a legislative intent to protect police officers from malicious, arbitrary, or unmeritorious charges. The Mayor has discretion to determine if a complaint is meritorious before preferring charges. The Court also cited an opinion from the Head, Local Governments and Civil Affairs Office, stating the Mayor is vested with such discretion. Furthermore, the Court declared the ruling academic, as Republic Act 557 had been repealed by Republic Act 4864 (The Police Act of 1966), which established a new procedure for filing and investigating charges against police officers through a Board of Investigators.