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Provincial Board of Cebu vs. antonio E. Munoz

THE PROVINCIAL BOARD OF CEBU, GOVERNOR OSMUNDO G. RAMA, VICE GOVERNORS S.J. FERNANDEZ, BOARD MEMBERS DR. LEONARDO ENAD, ATTY. G.S. LEGASPI and MRS. RIZALINA A. MIGALLOS, petitioners-appellants, vs. HON. PRESIDING JUDGE OF CEBU COURT OF FIRST INSTANCE (BRANCH IV), ANTONIO E. MU?OZ, BENITO ROBLE and LORENZO TABOADA, respondents-appellees.

G.R. No. 34695 | 1989-03-07

D E C I S I O N


FERNAN, C.J.:

This is a petition for review on certiorari, seeking to reverse and set aside that portion of the decision of the Court of First Instance of Cebu, dated May 5, 1971, in Civil Case No. R-11132, entitled "Santiago Abella, et al. v. The Provincial Board of Cebu, et al., for Mandamus with Damages", ordering the reinstatement of respondents-appellees Antonio Muñoz, Benito Roble and Lorenzo Taboada to their respective positions as prison guards of the Province of Cebu, with back salaries from the time of their dismissal.

The antecedent facts are as follows:

Sometime in June and July of 1965,...