City of Ceby vs. Piccio and Caballero, G.R. No. L-13012 and 14876, December 31, 1960
Subject: Obligations and Contracts
FACTS
Anacleto Caballero was
appointed as Caretaker for Operations of the Cebu City Cemeteries by the
Municipal Board of Cebu City. He was later separated from service without
benefit of investigation and without being given a chance to explain his side.
Caballero then filed a case for mandamus against the City Mayor, the Municipal
Board, and the City Treasurer of Cebu City, seeking his reinstatement and the
payment of his back salaries.
The lower court ruled in
favor of Caballero and ordered his reinstatement and the payment of his back
salaries. The City of Cebu appealed the decision to the Supreme Court.
ISSUE
Whether or not the City
of Cebu is liable for the reinstatement and back salaries of Caballero.
RULING
Yes. The Supreme Court
affirmed the decision of the lower court. The Court held that the City of Cebu
is liable for the reinstatement and back salaries of Caballero because he was
illegally separated from service. The obligation to pay the back salary of
Caballero, cannot be eluded and the officer concerned in the City of Cebu will
have to pay it anyhow, in his official capacity. When a judgment is rendered
against an officer of a municipal corporation who sues or is sued in his
official capacity, the judgment is binding upon the corporation, upon the other
officers of the municipal corporation who represent the same interest and the
effect of judgment against a municipal officer is not lost by a change in the
occupant of the office.
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