Cantillo v.

Arrieta Nature: Appeal from the decision of CFI of Bukidnon dismissing petition for mandamus to compel the Mayor to pay him back salaries during the period of suspension from the police force of said municipality. Facts: October 6, 1962, Cantillo was appointed as Temporary Municipal Policeman. This was attested by the Provincial Treasurer and the Commissioner of Civil Service. He was 41 years old and finished only until 2nd year high school. November 2, 1964, he was given another appointment as Municipal Policeman. This was provisional in nature. January 20, 1967, another provisional appointment was given. October 16, 1967 he was suspended from service because of the filing of a criminal case against him. November 28, 1968 fiscal dismissed the case due to insufficiency of evidence. Now, he requests for reinstatement and back wages basing his claim on Sec 4 of RA 557: SEC. 4. When a member of the provincial guards, city police or municipal police is accused in court of any felony or violation of law by the provincial fiscal or city fiscal, as the case may be, the provincial governor, the city mayor or the municipal mayor shall immediately suspend the accused from office pending the final decision of the case by the court and, in case of acquittal the accused shall be entitled to payment of the entire salary he failed to receive during his suspension.

Issue: W/N he can be reinstated and entitled to back wages Held: No. The law in force when he was extended his provisional appointment was RA 4864 aka Police Act of 1966. Section 9 enumerates the general qualifications for appointment to a local police agency. The appointee be not less than twenty-three nor more than thirty-three years of age, and in the case of an appointment in a municipal police force, that the appointee must have at least completed high school. he was 41 when first appointed and did not finish high school. During his tenure, he was at best only a de facto officer and entitled only to benefits for actual services rendered.