GR L 15071; (September,1961) (Digest)
G.R. No. L-15071. September 26, 1961. SOLOMON B. FLORES, petitioner-appellee, vs. TEOFISTO M. CORDOVA, etc., respondent-appellant.
FACTS
Petitioner Solomon B. Flores, a veteran but not a civil service eligible, was appointed as a temporary third-class patrolman for Bacolod City on March 11, 1952. On August 15, 1956, he was dismissed from his position and replaced by Pacifico Flores, who was both a veteran and a civil service eligible. At the time of his dismissal, there were other members of the Bacolod City police force who were neither civil service eligibles nor veterans.
Flores filed a petition for mandamus in the Court of First Instance of Occidental Negros, arguing that his dismissal was unlawful and in violation of Republic Act No. 1363 , which grants certain appointment privileges to veterans. The lower court ruled in his favor, ordering his reinstatement with back salaries. The respondent Mayor, Teofisto M. Cordova, appealed this decision to the Supreme Court.
ISSUE
The primary issue is whether the dismissal of a temporary government employee, who is a veteran but not a civil service eligible, and his replacement by a civil service eligible, is lawful and valid.
RULING
The Supreme Court reversed the decision of the lower court and dismissed the petition for mandamus. The Court held that the dismissal of Solomon B. Flores was legal and valid. While Republic Act No. 1363 grants veterans a preferential right to government appointments, this right is not absolute and is subject to specific conditions. To validly claim this preferential right, a veteran must: (1) obtain a certificate of veteran status from the Philippine Veterans Board; (2) have previously qualified in an appropriate Civil Service examination; and (3) have filed an application for preference with the Commissioner of Civil Service.
The Court found that Flores, although a veteran, failed to establish compliance with these other mandatory requisites. Furthermore, citing the precedent in Conrado Amora, et al. vs. Franco Bibera, et al., the Court ruled that a veteran who holds only a temporary appointment and is not a civil service eligible may lawfully be removed and replaced by a person who is a civil service eligible. Since Pacifico Flores, his replacement, was a civil service eligible, the appointment and dismissal were within legal bounds. Consequently, the Court found no need to resolve the ancillary question of whether the veteran’s preferential right under the Act extends to protection from dismissal.