DE LEON, M.S.

STATUTORY CONSTRUCTION

Case Title: Unabia vs. City Mayor

Case Reference: L-8759
Promulgation Date: May 25, 1956
Ponente: Labrador, J.
Topic:

Facts

Unabia served as a foreman in the Group Disposal under the City Health Officer's Office in
Cebu City, earning P3.90 daily. He was removed from his position by the City Mayor and
replaced by Perfecto Abellana, later substituted by Pedro E. Gonzales.

Prior to June 16, 1953, the Group Disposal Division, along with its personnel, was moved
from the City Health Department to the Office of the City Engineer. Unabia sought
reinstatement in April 1954, but his request was ignored by the authorities.

Based on these events, the Court of First Instance of Cebu concluded that Unabia was part
of the Philippine Civil Service under the unclassified service (as per section 670 of the
Revised Administrative Code, as amended). His removal from the position was deemed a
violation of section 694 of the Revised Administrative Code and section 4 of Article XII of the
Constitution.

However, it is contended that the use of capitals in the words "Civil Service" in sections 1
and 4 of Article XII of the Constitution and the use of small letters of the same words, "civil
service," in section 670, Revised Administrative Code, indicates that only those pertaining to
the classified service are protected in the abovementioned sections of the Constitution.

Issue
Whether or not the use of capital in the words "Civil Service" in the Constitution and the use
of small letters for "civil service" in the Revised Administrative Code indicates that the
protection only pertains to the classified service

Ruling
No. The court ruled that the capitalization of "Civil Service" in the Constitution signifies the
collective group, while the absence of capitals in similar provisions of the Code denotes the
system. The court found no distinction between the use of capitals in the former and
lowercase letters in the latter. Consequently, there's no justification for excluding individuals
in the unclassified service from the benefits granted to those in the classified service. Both
are explicitly categorized under the Civil Service, thus deserving the same rights and
privileges. The designation of individuals in the unclassified service stems from the nature of
their work and qualifications, which do not undergo classification, unlike those appointed to
the classified service. This discrepancy cannot be a valid basis for withholding privileges
from the former that are granted to the latter.

Nevertheless, Unabia was not reinstated as he was considered to have relinquished his right
to his former position. Filing his mandamus petition on July 1, 1954, more than a year after
his removal from service on June 16, 1953, led to this determination of abandonment.