FIRST DIVISION
[G.R. No. 241809. November 21, 2018.]
JOSE MARIANO CONSTANTINO G. GONZALEZ, petitioner, vs.CITY OF GENERAL SANTOS, REPRESENTED BY CITY MAYOR RONNEL C. RIVERA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedNovember 21, 2018which reads as follows:
"G.R. No. 241809 — Jose Mariano Constantino G. Gonzalez, Petitioner, v. City of General Santos, represented by City Mayor Ronnel C. Rivera, Respondent.
Considering the allegations, arguments, and issues raised in this Petition for Review on Certiorari, the Court resolves to DENY the same for failure of the petitioner to show that the Court of Appeals (CA) in CA-G.R. SP No. 07482-MIN committed any reversible error in affirming the ruling of the Civil Service Commission (CSC), which dismissed the complaint of petitioner for alleged unpaid salaries and other emoluments.
Petitioner claims entitlement to compensation from the time he took his oath of office and supposedly assumed office (on April 24, 2014) as City Treasurer of General Santos City until his resignation on May 6, 2015.
His contention, however, is without basis.
For one, petitioner was well aware that there was an issue on his appointment. In fact, he himself admitted that no certificate of assumption was given him as City Treasurer. 1 For another, during the period that petitioner insisted that he was entitled to compensation, Assistant Treasurer Rodilon G. Lacap (Lacap) was designated as Acting City Treasurer, pursuant to BLGF 2 Regional Office XII's May 6, 2014 Order. In fact, the designation of Lacap was maintained even during the pendency of the cases involving petitioner's claims for the position of City Treasurer and for compensation considering that a Status Quo Ante Order was issued by Regional Trial Court of General Santos City, Branch 23. 3
Added to all these, the appointment of petitioner was later on declared void by the CA, and its decision on the matter had already attained finality. 4 Hence, we hold that the CA correctly affirmed the CSC ruling dismissing petitioner's complaint for salaries and other emoluments. CAIHTE
ACCORDINGLY, the Court resolves to AFFIRM the assailed July 13, 2017 Decision and July 19, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 07482-MIN.
Petitioner or his authorized representative may personally claim from the Cash Collection and Disbursement Division of this Court his excess payment for the legal fees in the amount of P470.00 under Official Receipt No. 0224499-SC-EP dated September 21, 2018.
SO ORDERED." Bersamin, J., designated as Acting Chairperson per Special Order No. 2606 dated October 10, 2018; Gesmundo, J., designated as Additional Member per Special Order No. 2607 dated October 10, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 6-7.
2. Bureau of Local Government Finance.
3.Rollo, pp. 16-17, 19-20.
4.Id. at 19.