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Pineda vs. Claudio

BASILIO M. PINEDA, as Deputy Chief of Police of Pasay City, petitioner, vs. JOVITO O. CLAUDIO, as Mayor of Pasay City; FRANCISCO A. VILLA and ABELARDO SUBIDO, as Commissioner of Civil Service, respondents.

G.R. No. L-29661 | 1969-05-13

D E C I S I O N 
 
CASTRO, J.: 
 
This is a petition for mandamus to compel the respondent Jovito O. Claudio, mayor of Pasay City, to appoint the petitioner Basilio M. Pineda chief of police of the city, on the theory that, as the incumbent deputy chief of police and therefore the officer next in rank, the petitioner is legally entitled to be promoted to the said position. 
 
Upon the death of Col. Mariano Tumaliuan on August 28, 1968, the position of chief of police of Pasay City became vacant. To fill the vacancy, Claudio appointed the respondent Francisco Villa, a state prosecutor in the Department of Justice,...