G.R. No. L-9230; April 22, 1957
ANDRES A. ANGARA, petitioner, vs. DRA. JOSEFINA A. GOROSPE, ALFONSO TABORA, in his capacity as Mayor of the City of Baguio; DOMINGO CABALI, in his capacity as Treasurer of the City of Baguio; and MAURO M. MIRANDA, in his capacity as City Auditor of the City of Baguio, respondents.

FACTS

Petitioner Dr. Andres A. Angara was appointed ad interim as City Health Officer of Baguio on October 25, 1946, and his appointment was confirmed by the Commission on Appointments on April 29, 1947. He served continuously until August 23, 1953, when he left for the United States for further studies under a PHILCUSA-FOA fellowship, with the approval of the Cabinet and the Baguio City Council, and while continuing to receive his salary. The fellowship agreement required him to render government service upon return and stipulated that the government would restore him to the position most advantageous to the government. During his absence, respondent Dra. Josefina A. Gorospe was designated as Acting City Health Officer. Upon his return on August 26, 1954, Angara reported for duty on September 10, 1954. However, the Secretary of Health, pursuant to a recommendation, detailed Angara to the Division of Tuberculosis in Manila under Department Order No. 167. Angara was unwilling to accept this detail. Mayor Tabora, upon instructions from the Secretary of Health, informed Angara that Gorospe was recognized as the City Health Officer and that Angara’s salary would not be paid by the city. Gorospe refused to surrender the office. Angara filed a quo warranto proceeding in the Court of First Instance of Baguio, seeking to be recognized as the rightful City Health Officer and to enjoin Gorospe from performing the duties. The lower court issued a preliminary injunction in favor of Angara, but this was annulled by the Supreme Court in a certiorari proceeding (G.R. No. L-8408) on February 17, 1955, which upheld the validity of Department Order No. 167 detailing Angara and held that Gorospe’s acting designation did not constitute usurpation. Following this Supreme Court decision, Angara complied with the detail order on February 20, 1955. The lower court then dismissed the quo warranto proceedings and Gorospe’s counterclaim but ordered the city officials to pay Angara his salary for the period of three and a half months when he was effectively enjoined from performing his duties. The respondents appealed this order for salary payment.

ISSUE

The primary issue is whether Dr. Andres A. Angara is entitled to receive his salary as City Health Officer of Baguio for the period during which he was prevented from performing his duties due to the controversy over his detail and the subsequent litigation.

RULING

The Supreme Court, in a majority opinion, ruled that Dr. Angara is not entitled to the salary claimed. The Court held that the detail order (Department Order No. 167) was valid and issued in accordance with the fellowship agreement Angara voluntarily signed, which committed the government to restore him to the position most advantageous to the government. The detail to the Tuberculosis Division was deemed an assignment to such a position. Since the detail was valid, Angara was not entitled to the salary of the Baguio City Health Officer for the period he did not report to his detailed post. His refusal to comply with the detail order upon his return meant he was not rendering the service required for the salary. The Court further noted that the city officials of Baguio were justified in following the directives of the Department of Health, which had administrative control over health officers. The appeal of the city officials was granted, and the order of the lower court directing payment of salary was reversed. The dissenting opinion argued that Angara never lost his position and was entitled to the salary during the pendency of the litigation, as he could not accept the detail without jeopardizing his court action, and he complied immediately after the Supreme Court’s ruling in the certiorari case.