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CITY OF SAN CARLOS necessary budget to pay for the salary of Arenas
April 5, 1978 | Fernandez, J. | Proviso v. Body b. Arenas had no other plain, adequate and speedy remedy in the
ordinary course of law
PETITIONER: Isidro Arenas c. If the last proviso of Sec. 7 should be interpreted as the controlling
RESPONDENTS: City of San Carlos (Pangasinan), City Council of San Carlos measure, then the principal provision fixing the salaries of City
City, Juan Lomibao, Benjamin Posadas, Douglas Soriano, Basilio Bulatao, Judges higher than that of a City Mayor would be useless
Catalina Cagampan, Eugenio Ramos, Francisco Cancino, Alfredo Vinluan, d. Principal legislative intent: increase salary of city judges so last
Marcelo Lapeña, Leopoldo Tulagan, Toribio Paulino, in their official capacities proviso should give way to the provision of Sec. 7 preceding said
as City Mayor, Vice Mayor, Councilors and Treasurer, respectively and proviso
Honorable Presiding Judge, CFI of San Carlos City, Branch X 6. Respodnents’ contentions:
a. RA 5967 provides that the city judge’s salary shall at least be Php
SUMMARY: Case at bar is a petition for certiorari seeking to review CFI’s 100 per month LESS than that of the city mayor’s salary
decision to dismiss Arenas’ petition for mandamus. He wanted to compel the b. City judge receives an annual salary of Php 12,000 which is Php
City of San Carlos to pay him an annual salary of Php 18,000 pursuant to RA 100 per month less than that of the city mayor’s (Php 13,200
5967. Arenas is a city judge with a salary of Php 12,000 which is Php 100 per annual)
month less than the annual salary received by the city mayor. Arenas contends c. If there was a salary difference, the payment of it is subject to the
that the City of San Carlos refuses to pay him the difference between his actual implementation of the city gov’t = discretionary + in view of
salary and the basic salary established in RA 5967. SC affirmed CFI’s decision financial difficulties, payment of salary difference cannot be made
and dismissed the petition. 7. Hence, this petition
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