Anacleto Caballero, caretaker for operations of Cebu City cemeteries
After the World War II, the Cebu City government created a position called the Caretaker for Operations of the Cebu City Cemeteries. The position was held by Anacleto Caballero. However, the position was abolished by the city mayor.
Caballero, to protect his interest and the injustice done to him, went the Court of First Instance of Cebu and filed a suit for Mandamus against the city mayor and the municipal board for reinstatement. Caballero filed the case on April 11, 1955. He also asked for the payment of his back salaries from April 15, 1953.
Then on August 6, 1955 the presiding judge of the CFI-Cebu, Honorable Edmundo S. Piccio rendered judgment, that Caballero be reinstated to his position as caretaker of the Operations of the Cebu City Cemeteries, which he has been separated without benefit of investigation and determination of sufficient cause. Judge Piccio, in his decision, said it shall be effected within 30 days from receipt plus the payment of his back salaries from April 15, 1953.
City officials and the city government did not appeal the decision rendered by Judge Piccio. After the decision became final, Caballero filed a writ of execution and was issued. The municipal board of Cebu City then passed a resolution appropriating the amount of P3,224.00 for the back salaries of Caballero. Mayor Jose Chiong Veloso Rodriguez approved the resolution and the amount was paid to Caballero.
However, Caballero was not reinstated as the position was abolished. Thus, Judge Piccio on August 27, 1958 issued an order directing the municipal board to recreate the office or position held by Caballero as caretaker, with a compensation of P4.00 per day. The municipal board did not comply with the order of reinstatement. Then on September 11, 1957 Caballero asked the court to compel city officials to implement the order.
In response to the motion for compliance, the city mayor, city auditor, city treasurer and the members of the board said that it would be illegal for the city government, not having been made a party of the legal suit for mandamus, to recreate the position of Caballero.
Then Judge Piccio issued an amended order dated October 11, 1957, this time the court included the city government in its order. The court also warned that if city officials will not obey his order he will be forced to use his coercive power.
The city officials, defiant of the court's order, filed on October 18, 1957, a certiorari before the Supreme Court to restrain Caballero and Judge Piccio from implementing the order.
Aside from the defiance of the city officials, they filed a suit against Caballero for the return of the back salaries given to him. The city officials alleged that the payment of the back salaries was illegal. The case was filed by the city government against Caballero on October 2, 1957 before the Court of First Instance of Cebu. The case for reimbursement and seeking of damages filed by the city government against Caballero was dismissed by Judge Rodriguez on December 3, 1957.
Then on December 31, 1960, a yearend decision of the Supreme Court dismissed the case filed by the city government and its officials against Judge Piccio and Anacleto Caballero.
Caballero achieved justice with the help of the lawyer from San Nicolas, Cebu City, Emilio A. Matheu, who became a lawyer on May 16, 1950. Judge Piccio was a pre war lawyer, having been admitted to the Bar on November 6, 1922. Prior to his assignment in Cebu, Judge Piccio was appointed as Judge of the Twenty First Judicial District, Branch 1, Leyte. His appointment was confirmed by the Commission on Appointments on May 20, 1947.
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