GR L 15144; (May, 1960) (Digest)
G.R. No. L-15144; May 26, 1960
Alfredo A. Azuelo, petitioner-appellee, vs. Ramon Arnaldo, ET AL., respondents-appellants.
FACTS
Alfredo A. Azuelo, a non-civil service eligible, was appointed as a temporary patrolman of the Municipality of Legaspi, Albay, on July 1, 1954. He served until March 7, 1956, when he was suspended by Mayor Ramon Arnaldo based on administrative charges. On May 24, 1956, the mayor withdrew the administrative charges but continued Azuelo’s suspension pending the final decision in a criminal case for infidelity in the custody of prisoners filed against him by the provincial fiscal on March 14, 1956. On July 9, 1957, the mayor informed Azuelo that his temporary appointment had not been renewed as of the date of his suspension. Azuelo was acquitted in the criminal case on July 18, 1957, and the court ordered his reinstatement and payment of back salaries. Despite this, the municipal authorities refused to comply. Azuelo elevated the matter to the Office of the President but, without awaiting its action, filed a petition for mandamus for reinstatement and back pay. The trial court ruled on December 17, 1958, that Azuelo had been legitimately removed and could not be reinstated but was entitled to his salary from March 7, 1956, to July 9, 1957, amounting to P1,129.32, plus attorney’s fees. Respondents appealed.
ISSUE
Whether the termination of Alfredo A. Azuelo’s temporary appointment was valid and whether he was entitled to back salaries for the period of his suspension.
RULING
The Supreme Court affirmed the trial court’s decision. It held that Azuelo’s appointment was temporary and, as such, was terminable at the pleasure of the appointing power without the need for any cause. Although a criminal charge was the basis for the termination, his subsequent acquittal was immaterial to the validity of the termination. Technically, his employment ceased only upon notification on July 9, 1957; therefore, he was entitled to his salary corresponding to the period of his suspension from March 7, 1956, to July 9, 1957. The Court also rejected the contention that Azuelo failed to exhaust administrative remedies, noting that while he had elevated the case to the Office of the President, its inaction justified the court action. The award of back salary and attorney’s fees was upheld.