De Guzman vs. Hon.

Subido

GR No. L-31683

January 31, 1983

Facts: Petitioner was appointed patrolman in the Quezon City Police

Department by respondent Mayor Amoranto on August 16, 1965 having passed
the required civil service eligibility, character investigation, and police training
course requirements. The appointment of petitioner was subsequently forwarded
to the respondent Civil Service Commissioner. No action was taken by the
respondent commissioner a year later which prompted the city treasurer and the
city auditor to halt the payment of petitioner’s salaries. On May 12, 1967,
respondent Commissioner returned petitioner’s appointment papers to
respondent mayor on the ground that petitioner was disqualified for
appointment for violation of two city ordinances, namely (i) on jaywalking, and
(ii) prohibiting a cochero from occupying any part of the vehicle except the seat
reserved for him, which he admitted in his personal information sheet.
Petitioner filed a petition for certiorari and mandamus with preliminary
mandatory injunction before the then CFI of Rizal at Quezon City on September
7, 1967. The lower court dismissed the petition ruling that the violations
committed by petitioner constitute a criminal record. Aggrieved, petitioner
appealed the ruling of the trial court before the Supreme Court.

Issue: Whether a violation of a city ordinance constitutes a criminal record

Ruling: NO. The phrase "criminal record" governing qualifications for

appointments could not have been intended by the legislature to
automatically cover every violation of a municipal or city ordinance
carrying a sanction of a nominal fine to enforce it. A violation of a
municipal ordinance to qualify as a "crime" must involve at least a certain
degree of evil doing, immoral conduct, corruption, malice, or want of
principles reasonably related to the requirements of the public office.

Automatic and perpetual disqualification of a person who in one unguarded

moment threw a cigarette butt on the street, spat in public, deposited house
garbage in a market receptacle for garbage, exceeded the speed limit for
vehicles. blew his car horn near a school or hospital, or, as in this case,
jaywalked, and who has paid the fine imposed by ordinance as commensurate
deterrence for the act, would be unreasonable, if not oppressive.