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    Municipality of La Libertad, Negros Oriental, VS.: Penaflor

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    Wella Jane
    1) The respondent, a rural health midwife employed by the petitioner municipality for 20 years, filed an application for a 15-day leave of absence which was recommended for approval by her superior. 2) However, upon beginning her leave, the respondent was notified that she had been terminated effective the start date of her leave. 3) The Court held that the mayor did not act beyond his authority in terminating the respondent, as under the local government code he has the power to appoint and terminate municipal employees whose positions are not otherwise provided for.

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    Municipality of La Libertad, Negros Oriental, VS.: Penaflor

    Uploaded by

    Wella Jane
    55 views1 page
    1) The respondent, a rural health midwife employed by the petitioner municipality for 20 years, filed an application for a 15-day leave of absence which was recommended for approval by her superior. 2) However, upon beginning her leave, the respondent was notified that she had been terminated effective the start date of her leave. 3) The Court held that the mayor did not act beyond his authority in terminating the respondent, as under the local government code he has the power to appoint and terminate municipal employees whose positions are not otherwise provided for.

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    16 lalibertad

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    1) The respondent, a rural health midwife employed by the petitioner municipality for 20 years, filed an application for a 15-day leave of absence which was recommended for approval by her superior. 2) However, upon beginning her leave, the respondent was notified that she had been terminated effective the start date of her leave. 3) The Court held that the mayor did not act beyond his authority in terminating the respondent, as under the local government code he has the power to appoint and terminate municipal employees whose positions are not otherwise provided for.

    Copyright:

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

    Municipality of La Libertad, Negros Oriental, VS.: Penaflor

    Uploaded by

    Wella Jane
    1) The respondent, a rural health midwife employed by the petitioner municipality for 20 years, filed an application for a 15-day leave of absence which was recommended for approval by her superior. 2) However, upon beginning her leave, the respondent was notified that she had been terminated effective the start date of her leave. 3) The Court held that the mayor did not act beyond his authority in terminating the respondent, as under the local government code he has the power to appoint and terminate municipal employees whose positions are not otherwise provided for.

    Copyright:

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

    MUNICIPALITY OF LA LIBERTAD,

    NEGROS ORIENTAL, vs.


    PENAFLOR
    G.R. No. 155477

    Facts:
    Before November 13, 1995, respondent, Rural Health Midwife who had
    been in the employ of the office of petitioner for about twenty years,[1] filed
    an application for a 15-day leave of absence effective said date. At that time
    respondent had an accumulated unused leave credits of more than one year.
    The application for leave was recommended for approval by her superior. On
    November 13, 1995, unaware if her application for leave had been approved,
    respondent began availing of it. Subsequently, she was notified that she had
    been terminated effective November 13, 1995.

    Issue:
    Wether or not Camero alone should be held liable since he acted beyond
    the scope of his legal duty and authority in terminating the services of
    respondent.

    Held:
    NO. In the absence of evidence to the contrary, the presumption that
    public officials discharged their official duties in good faith remains. In the
    petition at bar, petitioner failed to prove malice the doing of a wrongful act
    intentionally without just cause or excuse, or a state of mind which prompts
    a conscious violation of the law to the prejudice of another.
    Moreover, Camero has not acted beyond his authority. Since it is not
    claimed that respondent was a head of department or office in the office of
    petitioner, then following Sec. 444(5) of the LOCAL GOVERNMENT CODE,
    under which a mayor is empowered to [a]ppoint all officials whose salaries
    and wages are wholly or mainly paid out of municipal funds and whose
    appointments are not otherwise provided for in this Code, as well as those he
    may be authorized by law to appoint, former Mayor Camero did not have to
    secure the concurrence of the Sangguniang Bayan to terminate respondents
    services.

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