Police Captain Efren M. Arnejo, Cebu City
Police Captain Efren M. Arnejo was designated by President Carlos P. Garcia as acting assistant chief of police of Cebu City. The Presidential designation was made on October 21, 1959. Captain Arnejo was made assistant or vice of Higino Pacana who was designated acting chief of police. On the other hand, Genaro L. Alforque was appointed to Arnejo's position of police captain. Four years later in November 9, 1963, Alfonso Palencia was designated chief of police to take Pacana's place (Pacana was the acting chief of police).
On the following day, November 10th, acting city mayor Mario D. Ortiz (born on April 9, 1922 in Sibonga, Cebu, he finished his law at the University of Santo Tomas and was admitted to the Bar on March 31, 1948 and for years up to today, Cebu's finest veteran practicing lawyer), terminated Arnejo's services as assistant chief of police because Pacana automatically reverted or came back as assistant chief of police. Mayor Ortiz asked the municipal board (today's city council) to create a new item of police captain for Arnejo. Unfortunately the municipal board did not take any action on the acting mayor's recommendation.
Captain Arnejo was on terminal leave of absence for the period from November 10, 1963 to September 5, 1964. Arnejo was paid the sum of P3,092.06 in connection with the leave he had. Arnejo then complained to the Civil Service Commission against his removal as assistant chief of police. The commission referred his complaint to the mayor.
On November 2, 1964 Captain Arnejo filed a mandamus suit against Atty. Mario D. Ortiz, Mayor Sergio V. Osmeña Jr., the Cebu City Council, the City Auditor and City Treasurer to compel his reinstatement as assistant chief of police and for the recovery of his back salaries plus P5,000 as attorneys fees.
Judge Jose M. Mendoza of the Court of First Instance, rendered a decision dated September 10, 1965 declaring that Captain Arnejo's removal from the position as assistant chief of police was void or unlawful and the Court ordered Arnejo's reinstatement.
When Atty. Ortiz, Mayor Osmeña, and the other city officials received the decision of Judge Mendoza on October 18, 1965, five days later filed a motion for reconsideration. Judge Mendoza denied the motion in his order dated November 26, 1965.
City officials filed an appeal of the decision of Judge Mendoza, which the latter dismissed on February 18, 1956 and insisted his decision was final and executory. Then on July 22, 1966 the city officials filed a mandamus before the Supreme Court.
The Supreme Court initially issued a writ of preliminary injunction of the order of Judge Mendoza. Years later when the Supreme Court deliberated the case in 1974, Chief Justice Makalintal and Associate Justices Castro, Teehankee, Munoz-Palma and Aquino voted for the dismissal of the petition of the city officials. The Supreme Court En Banc then on February 25, 1975 resolved with finality dismissing the petition of the city officials.
The lawyer of Captain Arnejo was Fernando S. Ruiz, of Sogod, Cebu. Ruiz was admitted to the Bar on April 4, 1949. Atty. Ruiz years later became Judge of the Regional Trial Court, Tagbilaran City, Bohol.
The city officials were represented by City Attorney Nazario R. Pacquiao (admitted to the Bar on December 16, 1940, also became board member of the province of Cebu), and assistant City Attorney, Metudio P. Belarmino (his hometown was Tudela, Cebu and was admitted to the Bar on January 19, 1954), and Atty. Celerino Jomuad (his hometown was Ginatilan, Cebu and was admitted to the Bar on May 2, 1947).
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