CANTILLO V ARRIETA
FACTS
October 1962: Jose Cantillo was originally appointed Temporary Municipal Policeman of Maramag Bukidnon, took his oath and served as such. His appointment was attested to by the Provincial Treasurer, and the Commissioner of Civil Service. At the time of his original appointment, he was 41 years old and still only at second year high school.
November 1964: Petitioner was given another appointment in the same municipality, took his oath, acted and qualified as such. However, this appointment was only “Provisional”. The same was attested by the Provincial Treasurer and Commissioner of Civil Service.
January 1967: Petitioner was given another appointment, same municipality, took oath, acted and qualified, attested to by Prov. Treasurer and Commissioner of Civil Service.
October 1967: Petitioner was suspended from the service due to filing of criminal charges for Infidelity in the Custody of the Prisoner. The Provincial Fiscal moved for the dismissal of the case due to insufficiency of evidence. After the dismissal, petitioner presented oral and written request for reinstatement and claimed for payment of back salaries pursuant to Sec 4 of Republic Act 557 stating that when a municipal policeman is charged and subsequently acquitted, he shall be entitled to back wages.
ISSUE
Whether or not Cantillo is entitled to back wages.
HELD
NO. Section 9 of the same law enumerates the qualifications for municipal police, namely: not less than 23 nor more than 33 years old; and completed high school. As to the first, he was already 41 years old as of his first appointment and 46 years during his last appointment. As the second, he only reached second year. These infirmities precluded the reinstatement; it was not mere absence of civil service eligibility but of qualifications for the office.
