G.R. No. L-9228, December 26, 1958
LEONARDO DIAZ and ALBERTO AGUILAR, petitioners-appellees, vs. FELIX P. AMANTE, as Mayor of Bacolod City, respondent-appellant.

FACTS

Petitioners Leonardo Diaz and Alberto Aguilar filed a petition for mandamus in the Court of First Instance of Negros Occidental to compel respondent Mayor Felix P. Amante to reinstate them to their positions in the Bacolod City police force. The trial court ordered their reinstatement, payment of back salaries, moral damages of P5,000, exemplary damages of P2,000, and costs. Respondent appealed, claiming only a legal issue was involved.
Leonardo Diaz, a civil service eligible, received various promotions and permanent appointments, ultimately as a permanent first-class detective. Alberto Aguilar, not a civil service eligible but a veteran, was appointed patrolman and later promoted to first-class detective. On August 15, 1951, both were notified of their separation from service effective immediately, based on lack of trust and confidence (with Aguilar also accused of immorality and maintaining a house of prostitution). Respondent Mayor justified the dismissals under Executive Order No. 264, which he believed allowed removal of detectives in confidential positions without cause, and his action was supported by indorsements from the Executive Secretary.

ISSUE

1. Whether the dismissal of petitioners was legal.
2. Whether respondent Mayor is liable for back salaries and damages.

RULING

1. On the Legality of Dismissal:
– For Leonardo Diaz (Civil Service Eligible): His dismissal was illegal. Executive Order No. 264 was impliedly repealed by Republic Act No. 557 , which prescribes specific grounds and procedures for removal of police force members. Diaz’s removal, without investigation or trial as required by RA 557, was invalid.
– For Alberto Aguilar (Non-Eligible): His dismissal was legal. As a non-civil service eligible, his appointment was temporary under Section 682 of the Revised Administrative Code, limited to three months or until a qualified eligible could be found. Thus, he held no permanent tenure and could be lawfully separated.
2. On Liability for Back Salaries and Damages:
– Back Salaries: Respondent Mayor is personally liable for Diaz’s back salaries from August 16, 1951, until reinstatement, as the city charter exempts the city from liability for damages arising from the mayor’s failure or negligence in enforcing the law.
– Moral Damages: The award of P5,000 as moral damages was unjustified, as such damages are absorbed by the grant of back salaries.
– Exemplary Damages: The award of P2,000 as exemplary damages was excessive but warranted to deter abuse of authority. It was reduced to P1,000, considering respondent acted under a belief in the validity of Executive Order No. 264 before its repeal was declared.
DISPOSITIVE:
The decision was modified: Respondent (or incumbent Mayor) is ordered to reinstate Leonardo Diaz and pay his back salaries from August 16, 1951, until reinstatement, plus P1,000 as exemplary damages. The decision is reversed regarding Alberto Aguilar’s reinstatement and the awards of moral damages and excessive exemplary damages. Costs against respondent.