GR L 12168; (February, 1959) (Digest)
G.R. No. L-12168; February 28, 1959
EMILIO B. ALLER, petitioner-appellant, vs. SERGIO OSMEĂ‘A, Jr., as former Provincial Governor, the UY CLADERON, as Acting Provincial Governor, the Provincial Board of Cebu, LADISLAO PALMA, as former Provincial Treasurer, F. ORDOĂ‘EZ, as present provincial Treasurer, all of Cebu Province, respondents-appellees.
FACTS
Petitioner Emilio B. Aller, a first-grade civil service eligible, was appointed clerk in the office of the Provincial Auditor of Cebu on January 1, 1951. On August 31, 1952, his position was abolished by the Provincial Board of Cebu, and his services were terminated. Aller alleged the abolition was done in bad faith and for political reasons. He filed a complaint on September 27, 1955—almost three years after the abolition—seeking the recreation of his position and his reinstatement. Respondents, including former Governor Sergio Osmeña Jr., denied the allegations, asserting the abolition was part of a policy of retrenchment and was approved by the Secretary of Finance. They also contended that Aller had no cause of action because he did not appeal previously to the Auditor-General and the President. The Court of First Instance of Cebu dismissed the action on the ground that it was filed almost three years after the suppression of his position. Aller appealed to the Supreme Court.
ISSUE
Whether the Court of First Instance of Cebu correctly dismissed Aller’s action for reinstatement.
RULING
The Supreme Court affirmed the dismissal of the action. Two grounds supported the dismissal:
1. Failure to include the province of Cebu as a party respondent. The Court cited Cabanes vs. Rodriguez (G.R. No. L-9799, May 31, 1957), which required the province to be made a party in such cases.
2. Failure to state a cause of action. The position occupied by Aller was abolished with the approval of the Secretary of Finance, which undermined his claim.
The Court did not reach the issue of the timeliness of the filing, as the dismissal was upheld on these procedural and substantive grounds. Costs were imposed on petitioner-appellant.