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Morales v. Subido, G.R. No. L-29658. November 29, 1968

The document discusses a case where a police lieutenant colonel petitioned for a writ of mandamus to compel the Civil Service Commission to include him in the list of eligible persons for the position of Chief of Police of Manila. The Court denied the petition, finding that based on the present state of the law, he was neither qualified nor eligible for the position due to lacking the minimum educational requirement, even if there was a possibility of omission in the text of the relevant law.

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21 views1 page

Morales v. Subido, G.R. No. L-29658. November 29, 1968

The document discusses a case where a police lieutenant colonel petitioned for a writ of mandamus to compel the Civil Service Commission to include him in the list of eligible persons for the position of Chief of Police of Manila. The Court denied the petition, finding that based on the present state of the law, he was neither qualified nor eligible for the position due to lacking the minimum educational requirement, even if there was a possibility of omission in the text of the relevant law.

Uploaded by

Gracëëy Uy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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G.R. No.

L-29658, November 29, 1968


Morales v Subido

Castro, J:

Facts:

The petitioner Enrique V. Morales is the chief of the detective bureau of the Manila Police Department and holds the
rank of lieutenant colonel. He rose to the rank in the said police force despite his having no college degree. He was
provisionally appointed as chief of police of Manila which became vacant upon the resignation of the former chief
of police, Brig. Gen. Ricardo G. Papa on March 14, 1968.
The resondent Commission of the Civil Service, Abelardo Subido, approved his designation but rejected his
appointment for failure to meet the minimum educational and civil service eligibility requirements for the said
position. The pertinent rule cited is that of sec. 10 of the Police Act of 1966 (RA 4864). The resp. instead certified
other persons as qualified for the post and called the attention of the Mayor of Manila to fill the vacancy within 30
days as required by sec. 4 of the Decentralization Act.
The petitioner requested for a mandamus from the Court to compel the respondent to include him in the list of
eligible persons to the post of Chief of Police of Manila for the consideration of the City Mayor. He contended that
he is qualified despite lacking a college degree under the statement of the aforementioned rule:

“has served in the police department of any city with the rank of captain or its equivalent therein for at least three
years”

Issue:

Whether the petition for mandamus be granted due to a different interpretation of the respondent and the petitioner
of Sec 10 of the Police Act of 1966.

Decision:

No. The petition for mandamus to compel the respondent Commissioner of Civil Service to include the name of the
petitioner will not be granted since taking the present state of the law, he is neither qualified nor eligible. Even if ,as
noted by the Court, there may be a possibility of ommision of a phrase, when the bill was passed by the Congress to
the Senate, that may permit the interpretation that he is qualified, the enrolled bill in possession of the legislative
secretary of the President, is signed by the Presidents of both the Lower and Upper Houses together with their
respective secretaries and the President and therefore must be deemed valid and binding to the Court. No inclusion
of other enlargements, no matter how sound they are, should be used in the interpretation of an already enrolled bill.

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