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    Senarillos Vs Hermosisima

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    Lei Tacang
    Roque Senarillos was the Chief of Police of Sibonga, Cebu until he was suspended in 1952 based on charges filed against him. A police committee composed of three councilors was created to investigate Senarillos, despite his denials of the charges. The issue is whether this police committee had jurisdiction to investigate Senarillos. The court ruled that under the present law, the police committee constituted by the Municipal Council did not have jurisdiction to investigate the Chief of Police. Therefore, the decision against Senarillos by the committee was invalid.

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    Senarillos Vs Hermosisima

    Uploaded by

    Lei Tacang
    742 views1 page
    Roque Senarillos was the Chief of Police of Sibonga, Cebu until he was suspended in 1952 based on charges filed against him. A police committee composed of three councilors was created to investigate Senarillos, despite his denials of the charges. The issue is whether this police committee had jurisdiction to investigate Senarillos. The court ruled that under the present law, the police committee constituted by the Municipal Council did not have jurisdiction to investigate the Chief of Police. Therefore, the decision against Senarillos by the committee was invalid.

    Original Title

    Senarillos-Vs-Hermosisima

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    Roque Senarillos was the Chief of Police of Sibonga, Cebu until he was suspended in 1952 based on charges filed against him. A police committee composed of three councilors was created to investigate Senarillos, despite his denials of the charges. The issue is whether this police committee had jurisdiction to investigate Senarillos. The court ruled that under the present law, the police committee constituted by the Municipal Council did not have jurisdiction to investigate the Chief of Police. Therefore, the decision against Senarillos by the committee was invalid.

    Copyright:

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

    Senarillos Vs Hermosisima

    Uploaded by

    Lei Tacang
    Roque Senarillos was the Chief of Police of Sibonga, Cebu until he was suspended in 1952 based on charges filed against him. A police committee composed of three councilors was created to investigate Senarillos, despite his denials of the charges. The issue is whether this police committee had jurisdiction to investigate Senarillos. The court ruled that under the present law, the police committee constituted by the Municipal Council did not have jurisdiction to investigate the Chief of Police. Therefore, the decision against Senarillos by the committee was invalid.

    Copyright:

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

    G.R. No. L-10662.

      December 14, 1956.


    ROQUE SENARILLOS, Petitioner-Appellee, VS. EPIFANIO HERMOSISIMA, ET
    AL., Respondents-Appellants.

    FACTS
    Roque Senarillos, is a civil service eligible and was appointed as Chief of Police of
    Sibonga, Cebu, and served as such until January 2, 1952. On that date, upon charges
    filed by one Roque Geraldizo and despite his denials, Senarillos was suspended by the
    Municipal Mayor of Sibonga, and investigated by a “police committee” composed of
    three councilors, created by Resolution No. 2, Series 1952, of the municipal council. In
    the meantime, upon the expiration of the original period of suspension, Municipal
    Mayor Hermosisima again suspended Senarillos on the strength of Administrative Case
    No. V-6, which was never tried.
    However on July 9, 1952 the Municipal Mayor filed a criminal case for swindling
    against Senarillos, and suspended him for the third time. The criminal case was
    dismissed on July 28, 1954. Then on April 27, 1955, Senarillos resorted to the Court of
    First Instance for relief.
    ISSUE
    Whether or not the Police Committee constituted by the Municipal Council of Sibonga
    had no jurisdiction to investigate
    PRINCIPLE
    It is elementary that the interpretation placed by this Court upon Republic Act 557
    constitutes part of the law as of the date it was originally passed, since this Court’s
    construction merely establishes the contemporaneous legislative intent that the
    interpreted law carried into effect.
    RULING
    The decision of the Municipal Council of Sibonga was issued before the decision in
    Festejo vs. Mayor of Nabua was rendered, would be, at the most, proof of good faith on
    the part of the police committee, but cannot sustain the validity of their action.
    It is clear that under the present law, the “police committee” constituted by the
    Municipal Council of Sibonga had no jurisdiction to investigate the Appellee Chief of
    Police hhence, the decision against him was invalid, even if concurred in by the rest of
    the councilors, especially since the Petitioner called attention from the beginning to the
    impropriety and illegality of the committee’s actuations, and of his trial by only some
    and not all the members of the council. The subsequent reaffirmation of their decision
    by the Civil Service authorities could not validate a proceeding that was illegal and ab
    initio void.

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