G.R. No. L-18443 May 31, 1965
ENRIQUE SISON, as Municipal Mayor, Bamban, Tarlac, and PABLO L. SANTOS, JR., as Acting Chief of Police, Bamban, Tarlac, petitioners-appellants, vs. THE HON. JUAN PAJO, Executive Secretary, HON. ARSENIO LUGAY, Provincial Governor, Tarlac and Bonifacio Lacanlale, respondents-appellees.

FACTS

On January 1, 1953, Mayor Enrique Sison of Bamban, Tarlac, appointed Bonifacio Lacanlale, a veteran and non-civil service eligible, as Acting Chief of Police. He was reappointed on April 1, 1955. On June 29, 1957, Mayor Sison recalled and cancelled Lacanlale’s appointment effective that afternoon, designating Patrolman Pablo L. Santos, Jr., also a veteran and non-civil service eligible, in his place. Lacanlale sought the opinion of the Commissioner of Civil Service and wrote to the President requesting reinstatement and an investigation of Mayor Sison. The Executive Secretary referred the matter to Governor Arsenio Lugay of Tarlac. After an investigation, the Provincial Board declared Lacanlale’s separation illegal and recommended his immediate reinstatement to the Office of the President. The Executive Secretary, by indorsement dated April 28, 1958, directed the Governor to request Mayor Sison to reinstate Lacanlale immediately, stating that his relief by another non-eligible veteran was illegal under Republic Act No. 65 , as amended, and advising the Mayor to conduct administrative proceedings under Republic Act No. 557 if there was cause. Mayor Sison refused to reinstate Lacanlale and instead sought reconsideration, which was denied. Despite a threat of insubordination charges, Sison continued his refusal and filed an action for injunction to restrain the appellees from compelling Lacanlale’s reinstatement and from filing charges against him. The lower court initially issued a preliminary injunction but later rendered a decision dismissing the petition, declaring Lacanlale’s removal and Santos’s appointment illegal, and ordering Lacanlale’s reinstatement with back salaries. Appellants moved for a new trial based on newly discovered evidence that Santos, Jr. had passed a civil service examination and was reappointed, but the court found this insufficient to alter the result and reiterated its original decision.

ISSUE

Whether the removal of Bonifacio Lacanlale as Acting Chief of Police by Mayor Enrique Sison was legal.

RULING

The removal was illegal. The Supreme Court affirmed the lower court’s decision. Lacanlale, although appointed in an acting capacity and a non-civil service eligible, was a veteran entitled to the preference and security of tenure established by Republic Act No. 65 , as amended by Republic Acts Nos. 154 and 1363. The law accords veterans not only preference in appointment but also the right to retain their position until the availability of a civil service eligible is duly certified by the Commissioner of Civil Service. His appointment could only be cancelled for cause upon such certification. The replacement of Lacanlale, a veteran non-eligible, by Santos, Jr., another veteran non-eligible, was unlawful. The Court modified the decision regarding the payment of back salaries, noting that Lacanlale had been murdered during the pendency of the case. It ordered that his heirs be substituted but that payment of back salaries be made only to the judicial administrator of his estate duly appointed by a competent court.