Decision
Mabuhay v. Seriña
G.R. No. L-28636 · 1982-06-29 · ABAD SANTOS, J. · LawPhil
LEO Y. MABUHAY, petitioner, vs. HON. JESUS V. SERIÑA, City Mayor of Cagayan de Oro City, HON. ISMAEL MATHAY, Auditor General of the Philippines, LEONCIO MENDOZA, Treasurer of the City of Cagayan de Oro and ABELARDO MARANTE, City Auditor of the City of Cagayan de Oro, respondents
ABAD SANTOS, J.:
This appeal was made pursuant to Rule 42 of the Rules of Court. It involves a decision of the Court of First Instance of Misamis Oriental in Sp. Action No. 2805 for mandamus with damages.
The decision which gives the facts and the law as found by Judge Bernardo Teves reads as follows: This is a petition for mandamus with damages, praying that respondent- officials be ordered to pay and/or cause the payment of petitioner's salary as Acting City Engineer of Cagayan de Oro City. Respondents in their answers deny the right of petitioner to the salary claimed by him. From the stipulation of facts and exhibits submitted for decision, pages 89- 98, record, it appears that: On October 3, 1963 petitioner, Leo Y. Mabuhay, assumed the position of Acting City Engineer of Cagayan de Oro upon designation by President Diosdado Macapagal.
(Exhibit 1.) On October 12, 1963 the Court of First Instance, in Sp. Civil Case No. 2268 filed by Engineer Herminio Lucero disputing and denying petitioner's right to the position, restrained petitioner from exercising his functions as Acting City Engineer. On February 26, 1964 the case was dismissed.
On March 6, 1964 petitioner was again restrained from discharging his functions in Sp. Civil Case No. 2323 filed by the same Herminio Lucero. On March 29, 1964 the Court dismissed the case.
(The Supreme Court affirmed the dismissal, G.R. No. L-23189.) On May 29, 1964 petitioner assumed the same position upon another designation by President Macapagal. "On May 21, 1965 Congress adjourned its regular session without acting on petitioner's designation. This notwithstanding, he continued occupying his position and exercising its functions, powers and prerogatives from May 22,1965 until November 3,1965.
On November 3, 1965 one Procopio Resabal was appointed City Engineer of Cagayan de Oro, vice the petitioner. In his petition it is prayed that petitioner be paid his salary as Acting City Engineer of Cagayan de Oro corresponding to the following periods, to wit: a) From October 3, 1963 to May 29, 1964........................... P 6,649.36 b) From May 22, 1965 to November 3, 1965......................
6,146.50