G.R. No. L-4700 and L-4701; November 13, 1952 and November 7, 1952.
Victorio D. Santos, petitioner-appellant, vs. Macario Mendoza Rosa, etc., et al., respondents-appellees; and Victorio D. Santos, petitioner-appellant, vs. Jose N. Layug, etc., respondent and appellee.

FACTS

On August 12, 1950, Jose N. Layug, the municipal mayor of Guagua, Pampanga, filed administrative charges against the chief of police, Victorio D. Santos, before the municipal council. Consequently, the mayor suspended Santos on August 16, 1950. The municipal council referred the charges to a committee on police and public safety (composed of three council members) for investigation. The committee set the investigation for September 16, 1950, but upon Santos’s instance, it was postponed to September 23, then to September 30, and finally to October 10, 1950. On October 10, Santos challenged the committee’s authority to investigate him under Republic Act No. 557 , arguing that the charged acts occurred before the law’s passage and that the council could not delegate its investigative power. After his motion to dismiss was denied, Santos filed a petition for prohibition against the committee members and the mayor on October 26, 1950. On October 27, 1950, Santos requested reinstatement from the mayor, which was referred to and denied by the committee. Subsequently, on November 9, 1950, Santos filed a petition for mandamus to compel his reinstatement. The court issued a preliminary injunction on November 22, 1950, restraining the committee from proceeding. The Court of First Instance of Pampanga dismissed the prohibition petition and dissolved the injunction. In the mandamus case, the court initially ordered Santos’s reinstatement but later vacated that order upon the mayor’s motion for reconsideration. Santos appealed both decisions.

ISSUE

1. Whether Republic Act No. 557 applies retroactively to investigate acts committed before its approval.
2. Whether the municipal council can validly delegate its investigative power under Republic Act No. 557 to a committee.
3. Whether Santos is entitled to reinstatement under Section 3 of Republic Act No. 557 , considering the period of his suspension and delays in the investigation.

RULING

1. Yes, Republic Act No. 557 applies retroactively. The Act establishes a new procedural mechanism for investigating charges against municipal police members. Applying it retroactively does not deprive Santos of any substantive right or impair his opportunity to defend himself.
2. Yes, the municipal council can delegate its investigative function to a committee. While Section 1 of Republic Act No. 557 states charges shall be investigated by the municipal council, this does not prohibit delegation to a committee composed of its members. Such delegation is a practical measure to expedite council business, and the final decision remains the sole responsibility of the municipal council.
3. No, Santos is not entitled to reinstatement. Under Section 3 of Republic Act No. 557 , suspension shall not exceed sixty days unless the delay is due to the fault, negligence, or petition of the accused. Santos’s suspension began on August 16, 1950. The period from August 16 to November 22, 1950, is 98 days. However, the 24 days of postponements requested by Santos (from September 16 to October 10) and the delay from October 10 to November 22, 1950—resulting from his challenge to the committee’s jurisdiction and his filing of the prohibition petition—are chargeable against him. Deducting these periods, the suspension did not exceed the sixty-day limit. Therefore, the appealed decisions are affirmed.