GR L 29588; (March, 1969) (Digest)
G.R. No. L-29588 March 18, 1969
ANTONIO J. VILLEGAS, ETC., ET AL., petitioners, vs. ABELARDO SUBIDO, ETC., ET AL., respondents.
FACTS
Petitioner Gregorio A. Ejercito filed a motion charging the respondent Commissioner of Civil Service with contempt of court. The charge stemmed from the respondent’s alleged failure to obey the final judgment of the Supreme Court. The Court’s prior judgment had: 1) commanded the respondent Commissioner to forthwith approve the appointment of Gregorio A. Ejercito as City Legal Officer of Manila and release the same; and 2) commanded the respondent Commissioner to act on the 28 appointments of the staff of the City Legal Officer within 30 days from the date of their re-submission. In purported compliance, the respondent Commissioner approved Ejercito’s appointment as “provisional” with conditions under Section 24(c) of the Civil Service Law, effective January 11, 1969, and returned the 28 other appointments “without action” on the ground that no merit and promotion plan for Manila had been received.
ISSUE
Whether the respondent Commissioner of Civil Service committed contempt of court by willfully disobeying the final judgment of the Supreme Court.
RULING
The Supreme Court found that the respondent Commissioner’s actions did not comply with the letter and spirit of its final judgment. The approval of Ejercito’s appointment as “provisional” ignored the Court’s finding that he was qualified, and the appointment extended by Mayor Villegas was a permanent “Promotion” effective January 1, 1968, which the Commissioner could not alter. Regarding the 28 other appointments, returning them “without action” was a failure to comply, as the Court had ordered the Commissioner to process and act on them within 30 days, meaning to approve them upon verification of eligibility and qualification or to disapprove them if not qualified. However, the Court found it was not shown that the respondent Commissioner willfully disobeyed the judgment, as he acted in consultation with the Solicitor General. Therefore, the motion for contempt was denied. Nevertheless, the Court ordered the respondent Commissioner: (a) to approve Gregorio A. Ejercito’s promotional appointment as City Legal Officer effective January 1, 1968, under Section 24(b) of the Civil Service Law, within five days from re-submission; and (b) to approve the appointments of the 28 staff members upon processing and verification of their eligibility and qualification, within ten days from re-submission.