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Opinion

Mayor Alfonso D. Suerte and the dismissed patrolman of Badian, Cebu

CEBUPEDIA - Clarence Paul Oaminal - The Freeman

Mayor Suerte was elected Mayor of Badian, Cebu in 1951. He terminated from the police force Pedro Taboada effective January 31, 1956. Taboada took his oath as patrolman of the Badian Police Force on January 24, 1950. On December 13, 1954 his services were extended by Mayor Suerte. On January 7, 1956 Taboada was advised by Mayor Suerte to resign.

Taboada in reply to the letter of Mayor Suerte wrote to Edilberto Rosario, Vice Mayor of Badian, justifying that he will not resign and that he is not considered resigned from the police force.

Patrolman Taboada went to the Court of First Instance which gave due course or granted his petition. The CFI ordered that the mayor reinstate Patrolman Taboada and that the treasurer pay him his salaries starting from January 14, 1956. At that time the salary of a Patrolman was P444 up to P540.00 every year.

Mayor Suerte and Julio Llenos, municipal treasurer assisted by Atty. Ananias V. Maribao (who became a lawyer on November 10, 1934) appealed the ruling of the Court of First Instance to the Supreme Court while Patrolman Taboada was assisted by Atty. Nazario R. Pacquiao (who was also a board member of the province of Cebu).

The Supreme Court reversed the ruling of the Court of First Instance and said that the dismissal of Patrolman Taboada was valid. The ruling of the Supreme Court was given on May 31, 1961. The Supreme Court said that Patrolman Taboada being Non Civil Service Eligible and his appointment as patrolman was only temporary and therefore could be dismissed upon expiration of the period of the term he was appointed. The appointment of non-eligible could not be protected and could be terminated at the pleasure of the appointing authority, in this case the mayor.

It was Mayor Suerte after having been elected in 1951 that restored peace and order to the town of Badian. It was Mayor Suerte who built school buildings, roads, and bridges in the town. He also renovated the municipal hall.

A son of Mayor Suerte, by the name of Ildefonso B. Suerte, became a lawyer on January 26, 1961 and was appointed as Judge of the Regional Trial Court of Cebu stationed in Barili.

The first municipal president of Badian was Tranquilino Agravante. Another who served as president was Leopoldo Caballero.

In 1965, the town mayor was Atty. Januario B. Agravante (admitted to the bar on March 2, 1956), his vice mayor was Edilberto Rosario, the municipal secretary was Jose Gachalian, the municipal judge was Marcial G. Ugbinas, the chief of police was Antonio Agravante and the health officer was Dr. Felicisimo V. Lucero.

The municipal councilors were Sergio Dacillo, Torcuato Padin, Ciriaco Labadia, Rufo Comision, Mateo Duque, Crisogono Suerte, Gregorio Taboada, and Joaquin Soriano.

[email protected]

 

ANANIAS V

COURT

COURT OF FIRST INSTANCE

EDILBERTO ROSARIO

MAYOR

MAYOR SUERTE

PATROLMAN

PATROLMAN TABOADA

SUERTE

SUPREME COURT

TABOADA

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