G.R. No. L-19158, February 27, 1965
CIRIACO C. DIAZ, in his capacity as Head Parks & Game Warden, petitioner, vs. EUTIQUIO RAQUID, in his capacity as Auditor, Auditing Unit No. B-30, HON. AUDITOR GENERAL and DIRECTOR OF PARKS & WILDLIFE, respondents.

FACTS

Petitioner Ciriaco C. Diaz was appointed Head Parks and Game Warden (Division Chief) of the Parks and Wildlife Office, Department of Agriculture and Natural Resources, upon the effectivity of the Government Reorganization Plan in July 1957. His appointment was evidenced by a Plantilla Appointment Form approved by relevant authorities, showing the position with a salary range of 40 and a staffing pattern salary of P1,920 per annum. At the time of his appointment, Diaz possessed a “Ranger” civil service eligibility. Under the Appropriation Act (Republic Act 2700) for fiscal year 1960-61, the WAPCO allocated his position to the class of Head Parks and Game Warden, Range 45, with an annual salary of P4,176.00, which was further increased to P5,376.00 per annum for fiscal year 1961-62 under Republic Act No. 3100. However, Republic Act No. 2260 (the New Civil Service Act), enacted on June 19, 1959, provided in Section 9 a range of maximum and minimum salaries allowable for civil service eligibilities, with a second-grade eligibility (which Diaz held) carrying a maximum annual salary of P3,720.00. Based on this, the Auditor for the Parks and Wildlife Office initially objected to the full payment of Diaz’s salary under the Appropriation Act for 1960-61, but later allowed it except for July and August 1960, following an explanation from the Director citing a Justice Secretary opinion that Republic Act No. 2260 had no retroactive effect. For fiscal year 1961-62, respondent Auditor Eutiquio Raquid refused to authorize payment of Diaz’s full salary under the same reasoning, prompting Diaz to file a petition for mandamus to compel payment of his salary as fixed by the Appropriation Acts and to declare him entitled to such salary notwithstanding Section 9 of Republic Act No. 2260 .

ISSUE

Whether Section 9 of Republic Act No. 2260 , which fixes the range of minimum and maximum salaries allowable for different civil service eligibilities, can adversely affect petitioner Diaz’s salary that was previously reclassified and fixed under earlier laws and appropriation acts.

RULING

No. The Supreme Court granted the writ of mandamus, ordering respondents to pay petitioner’s salary as fixed in the Appropriation Act for 1960-61. The Court held that Section 9 of Republic Act No. 2260 cannot be given retroactive effect to deprive Diaz of any portion of his compensation. This is because Section 47 of Republic Act No. 2260 expressly provides that rights or privileges acquired under the Old Civil Service Law prior to the effectivity of the new act remain in full force and effect. Diaz was a permanent incumbent of his position, having been appointed under the Reorganization Plan in July 1957, and his position had been reclassified by WAPCO prior to the enactment of Republic Act No. 2260 in June 1959. The provisions of the Appropriation Act for 1960-61 (Republic Act 2700), which fixed his annual salary at P4,176.00 within the allocated salary range, therefore control the matter of his salary. The Court found no claim that the Reorganization Plans or the Appropriation Act contravened the Old Civil Service Law, and thus Diaz’s rights were preserved under Section 47 of Republic Act No. 2260 .