Eusebio Tanala vs. Mariano Legaspi 121 Phil. 541

EUSEBIO TANALA, petitioner-appellee, vs. MARIANO LEGASPI, ET AL., respondents-appellants.

G.R. No. L-22537 | 1965-03-31

Civil service employee, after the order of reinstatement of a government employee to his position had been issued the reinstatement becomes the ministerial duty of the proper authorities and the payment of back salaries is merely incidental to reinstateme
The fact that a position is already occupied is not a legal impediment to reinstatement, present holder or occupant of position must give way to the employee ordered reinstated

D E C I S I O N

ZALDIVAR, J.:

This is an appeal from a decision of the Court of First Instance of Leyte in its Civil Case No. 2774, an action for mandamus. The appeal was brought to the Court of Appeals, but because the issues involved are purely questions of law the Court of Appeals remitted this case to this Court pursuant to the provisions of section 17, par. (6) in relation to section 31 of the Judiciary Act of 1948, as amended.

The petitioner-appellee Eusebio Tañala, a permanent civil service employee, was appointed Assistant Sanitary Inspector in the Province of Leyte on September 18, 1917, assigned in Ormoc, Leyte,...