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Sergio G. Martinez Vs. Municipal Mayor Of Labason 103 Phil 634

SERGIO G. MARTINEZ, petitioner, vs. MUNICIPAL MAYOR OF LABASON, GENEROSO B. TOKONG and ERIBERTO PAREJA AS MUNICIPAL TREASURER OF LABASON, respondents.

G.R. No. L-11868 | 1958-04-30

D E C I S I O N


BENGZON, J.:

Statement. On June 14, 1956, Mayor Generoso B. Tokong of Labason, Zamboanga del Norte, suspended Sergio G. Martinez from his office as Chief of Police of the Municipality for "negligence in the prosecution of offenses and malicious delay in the administration of justice."

Ninety days thereafter, on September 14, 1956, Martinez filed this mandamus proceeding in the court of first instance there to obtain reinstatement plus the payment of his corresponding salary.

The petition was opposed. The controversy was submitted for decision upon a stipulation of facts, in view of which the Hon. Wenceslao M. Ortega,...