G.R. No. L-12909; August 24, 1960
FRANCISCO CRISOLOGO, petitioner-appellant, vs. VICENTE S. DEL ROSARIO, as former Mayor of Cebu City, SERGIO OSMEÑA, JR., as incumbent City Mayor, FELIPE B. PAREJA, as City Treasurer, RESTITUTO CANTOS as City Auditor, and THE MUNICIPAL BOARD OF CEBU CITY, respondents-appellees.

FACTS

The appellant, Francisco Crisologo, was appointed as a patrolman in the Cebu City Police Department on July 2, 1946. He passed the civil service examination for patrolman on December 4, 1948. His services were terminated on October 16, 1953, due to the abolition of his salary item in the city’s appropriation for the fiscal year 1953-1954. Consequently, the City Auditor declined to audit and the City Treasurer refused to pay his salary. On January 2, 1954, Crisologo requested reinstatement from the Mayor. He was reinstated on February 11, 1954, and resumed his duties on February 13, 1954. However, on April 26, 1954, a certain Rufino Abayan filed a quo warranto and mandamus action (Case No. R-3508) in the Court of First Instance of Cebu, challenging the legality of his own removal and Crisologo’s appointment. On February 21, 1955, the court ruled that Crisologo’s appointment was illegal and ordered Abayan’s reinstatement. The Mayor complied with this judgment on March 17, 1955, terminating Crisologo’s services. Crisologo’s attorney then requested his reinstatement to his former position on December 29, 1955. Following this, on January 10, 1956, Crisologo filed the present petition for “prohibition and mandamus with damages” in the Court of First Instance of Cebu, which dismissed it, prompting this appeal.

ISSUE

Whether the appellant, Francisco Crisologo, has a cause of action to seek reinstatement to his former position as patrolman after his subsequent appointment was declared illegal in a final and executory judgment in a separate quo warranto case.

RULING

The Supreme Court affirmed the dismissal of the petition. The appellant has no cause of action. While he initially challenged the legality of the abolition of his salary item, the record shows he was already reinstated to his position on February 11, 1954. His right to that office was subsequently contested and invalidated in a final judgment in Case No. R-3508, which declared his appointment illegal and ordered the reinstatement of Rufino Abayan. The Mayor’s compliance with that judgment terminated Crisologo’s services. Since Crisologo did not appeal from that final judgment in Case No. R-3508, he is now barred from seeking reinstatement through the present proceedings. The appealed judgment was affirmed without costs.