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. (L-4700)

Victorio D. Santos, petitioner-appellant, vs. Jose N. Layug, etc., respondent and appellee. (L-4701)

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. 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. At Santos’s instance, the investigation was postponed to September 23, then to September 30, and finally to October 10, 1950. On October 10, Santos challenged the committee’s jurisdiction under Republic Act No. 557 , arguing the acts charged 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 denied. He then filed a petition for mandamus on November 9, 1950, 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 on January 23, 1951. In the mandamus case, the court initially ordered Santos’s reinstatement on January 23, 1951, but upon the mayor’s motion for reconsideration, vacated that order on February 12, 1951. Santos appealed both decisions.

ISSUE

1. Whether Republic Act No. 557 applies to 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 was entitled to reinstatement under Section 3 of Republic Act No. 557 , which limits suspension to sixty days unless delay is due to the accused’s fault.

RULING

1. Yes. Republic Act No. 557 , which provides a new procedure for investigating charges against municipal police members, may be given retroactive effect. The new procedure does not deprive the accused of any substantial right or impair their opportunity to defend themselves.
2. Yes. While Section 1 of Republic Act No. 557 states charges shall be investigated by the municipal council, this does not prohibit the council from delegating this function 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 was not entitled to reinstatement. From August 16 (start of suspension) to November 22, 1950 (issuance of injunction), 98 days elapsed. However, the 24 days of postponements requested by Santos (from September 16 to October 10) and the period from October 10 to November 22, 1950—which resulted from Santos challenging the committee’s jurisdiction and filing the prohibition petition—were delays due to his fault or petition. Deducting these periods, the suspension did not exceed the 60-day limit prescribed by Section 3 of Republic Act No. 557 . Therefore, the appealed decisions were affirmed.