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    Joaquin Nemenzo vs. Bernabe Sabillano G.R. NO. L-20977 Makalitnal, J.

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    Remelyn Selda
    A municipal mayor arbitrarily dismissed a police corporal without investigation upon assuming office. The court ruled that the mayor is personally liable because dismissing the corporal without cause injured the corporal's rights, and the mayor cannot claim immunity just because he was acting in his official capacity as mayor.

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    Joaquin Nemenzo vs. Bernabe Sabillano G.R. NO. L-20977 Makalitnal, J.

    Uploaded by

    Remelyn Selda
    1K views1 page
    A municipal mayor arbitrarily dismissed a police corporal without investigation upon assuming office. The court ruled that the mayor is personally liable because dismissing the corporal without cause injured the corporal's rights, and the mayor cannot claim immunity just because he was acting in his official capacity as mayor.

    Original Description:

    case digest

    Original Title

    Nemenzo vs. Sabillano

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    A municipal mayor arbitrarily dismissed a police corporal without investigation upon assuming office. The court ruled that the mayor is personally liable because dismissing the corporal without cause injured the corporal's rights, and the mayor cannot claim immunity just because he was acting in his official capacity as mayor.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views1 page

    Joaquin Nemenzo vs. Bernabe Sabillano G.R. NO. L-20977 Makalitnal, J.

    Uploaded by

    Remelyn Selda
    A municipal mayor arbitrarily dismissed a police corporal without investigation upon assuming office. The court ruled that the mayor is personally liable because dismissing the corporal without cause injured the corporal's rights, and the mayor cannot claim immunity just because he was acting in his official capacity as mayor.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    JOAQUIN NEMENZO VS.

    BERNABE SABILLANO

    G.R. NO. L-20977

    MAKALITNAL, J.:

    Facts:

    A municipal mayor, upon assumption of office,


    arbitrarily dismissed a corporal in the police force of the
    municipality, without due investigation

    Issue:

    Whether or not the mayor is personally liable.

    Decision:

    Yes, because his act of dismissing the corporal without


    previous administrative investigation and without justifiable cause

    Is clearly an injury to the corporal’s rights. The mayor cannot hide


    under the mantle of his official capacity and pass the liability to the
    municipality of which he was a mayor. There are altogether too
    many cases of this nature, wherein the local elective officials, upon
    assumption of office, wield their own protégés, regardless of the
    laws and regulations governing the civil service. Victory at the polls
    should not be taken as authority for the commission of such illegal
    acts.

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