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Pio S. Palamine, Et Al. Vs. Rodrigo Zagado, Et Al. 094 Phil 494

PIO S. PALAMINE, SULPICIO UDARBE, ALFONSO SAGADO, HIPOLITO EXCELISE, IRENEO SULITA, MELECIO DAMASING, and LUDHERO BALOC, petitioners, vs. RODRIGO ZAGADO, METRANO PALAMINE, BRIGIDO CA?ALES, DOMINADOR ACOBO, GUALBERTO SAFORTEZA, respondents.

G.R. No. L-6901 | 1954-03-05

D E C I S I O N


BENGZON, J.:

The petitioners were on June 12, 1953, the chief and members of the police force of Salay, Misamis Oriental. On that date they were removed from the service by the respondent Rodrigo Zagado as the acting mayor of the same municipality. The other respondents are the persons subsequently appointed to the positions thus vacated.

This litigation was instituted without unnecessary delay, to test the validity of such removals and appointments, the petitioners contending they were illegal, because contrary to the provisions of section 1, Republic Act No. 557, which reads in part as follows:

"Members of the...