G.R. No. L-24097 November 18, 1967
Domingo Manay, petitioner-appellant, vs. A. L. Buenaventura, Acting Commissioner of Civil Service, respondent-appellee.

FACTS

Anastacio Revilla was appointed Chief of Police of Santa Cruz, Marinduque in 1945. After a term as deputy assessor, he was re-appointed Chief of Police on July 1, 1953, and served continuously in that capacity. His latest appointment was on July 16, 1959, as temporary Chief of Police, attested by the Commissioner of Civil Service on February 5, 1960. On February 27, 1960, Revilla passed the patrolman qualifying examination. On January 16, 1960, the Municipal Mayor appointed Domingo Manay as Chief of Police and demoted Revilla to Police Sergeant. Both appointees assumed their positions. On October 30, 1960, the respondent Commissioner, in a return endorsement, approved Revilla’s earlier appointment as Chief of Police as provisional, effective July 16, 1959, and informed the mayor that Revilla was entitled to retention, having rendered more than five years of continuous and satisfactory service prior to June 19, 1959 (the approval date of Republic Act No. 2260 , the Civil Service Act). The Commissioner returned Revilla’s appointment as Sergeant without action, deeming it a demotion. On March 4, 1961, Revilla protested Manay’s appointment. The Mayor countered that Revilla was physically unfit. The Commissioner, acting on the protest, found both eligible but approved Manay’s appointment only for the period of actual services rendered, citing Revilla’s statutory right of retention under Section 23 of R.A. 2260. Manay’s request for reconsideration was denied. Manay then filed a petition for certiorari and mandamus in the Court of First Instance of Manila, seeking annulment of the Commissioner’s action and permanent approval of his appointment. The trial court denied the petition. The Court of Appeals certified the appeal to the Supreme Court as involving pure questions of law.

ISSUE

The primary issue is whether the respondent Commissioner of Civil Service acted correctly in refusing to approve Domingo Manay’s appointment as permanent Chief of Police and in upholding Anastacio Revilla’s right to retention in that position under the provisions of Republic Act No. 2260 .

RULING

The Supreme Court affirmed the decision of the Court of First Instance, ruling against the petitioner-appellant. The Court held that the respondent Commissioner did not act with grave abuse of discretion. Revilla, having rendered more than five years of continuous and satisfactory service as Chief of Police prior to June 19, 1959, acquired a statutory right of retention to the position under Paragraph 4, Section 23 of Republic Act No. 2260 . This provision grants preferred consideration to non-eligible employees with such service record, provided they meet other qualifications and take the qualifying examination, which Revilla did and passed. Therefore, Manay’s appointment, even if he was an eligible, could not supersede Revilla’s superior right conferred by law. The Court rejected Manay’s arguments on laches, estoppel, and the completion of his probationary period, finding them inapplicable or without merit. Since Manay possessed an inferior right to the position, the Court deemed it unnecessary to rule on the availability of mandamus.