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Opinion

Alipio Gonzales, deputy detective inspector, CC

CEBUPEDIA - Clarence Paul Oaminal - The Freeman

On December 28, 1956 Deputy Detective Inspector Alipio Gonzales was served with a letter signed by Mayor Sergio "Serging" Chiong Veloso Osmeña informing him that pursuant to the provisions of City Ordinance No. 220, which abolished his position, his services were terminated effective December 31, 1956.

Alipio Gonzales served in various capacities in the Cebu City Police Department for a period of 19 years, 9 months, and 2 days. Gonzales then wrote, the City Auditor and City Mayor for the payment of salary from January 1, 1957 to April 3, 1957 and also for his reinstatement.

Gonzales explained that since he is physically fit and that the abolition of his position without the approval of the department head was unlawful. Since Mayor Osmeña refused to grant his demands, Detective Gonzales filed a petition with the Court of First Instance of Cebu on May 21, 1957. Gonzales argued that his termination was a manifest discrimination considering that others with ratings lower than his have been retained in the police service. Gonzales had a rating of 83.5 percent, however in the semi-annual report submitted by the City Treasurer as of December 31, 1956, his efficiency rating was 89%.

On June 18, 1957, Mayor Osmeña answered the Court, that while it is true that Gonzales was terminated as Deputy Detective Inspector, he was also extended another appointment to a position in the uniformed division with the same rank and a higher salary, but he refused to accept the position (at that time police detectives do not wear uniforms and were perceived to be more powerful than those wearing uniforms). The reason why Gonzales refused to accept the new position offered to him was that it was temporary considering that there is a condition that it is good until revoked. The position offered to him by Mayor Osmeña was Police Sergeant, with a salary of P1,680 per year.

It was Atty. Antonio Abad Tormis who represented Detective Gonzales and made correspondence with the City Officials and filed the case before the court. Atty. Tormis argued that the termination of the services of his client, Detective Gonzales, was without previous approval of the President of the Philippines or the department head as required by Executive Order No. 506 (issued in 1934), Executive Order No. 175 (issued in 1938) and Provincial Circulars dated January 11, 1952 and April 3, 1954, consequently such termination is without legal effect.

The Court of First Instance on February 27, 1959 rendered judgment holding that Gonzales should be reinstated to his former position and that the city mayor (Osmeña was succeeded by Atty. Ronald Duterte ,while the City Treasurer was Felipe B. Pareja and the City Auditor Restituto B. Cantos was replaced by Atty. Sulpicio Paredes) was ordered to reinstate him.

The members of the municipal board at that time were Ramon Abellanosa (Vice Mayor), Councilors Casimiro V. Madarang, Jaoquin L. Panis, Carlos J. Cuizon, Osmundo Rama, Florencio S. Urot, Ceferina U. del Rosario, Pedro Clavano, Generoso Jaca, and Cecilio dela Victoria.

The Court of First Instance however denied the claim of Gonzales for back salaries, thus he went to the Supreme Court and sought for the reversal of the judgment. Then on December 30, 1961 the Supreme Court granted Gonzales' plea and ordered the city government to pay him his back salaries from January 1, 1957 until his reinstatement in the service.

The contemporaries of Alipio Gonzales as Deputy Detective Inspector were Enrique Villaflor, Terencio Garciano, Manuel Bacud, Teodoro Abesia, Rafael Navaja and Vicente Basak. These detectives were considered legends in the police force. Attributed to them were anecdotes and stories of excellent and unconventional crime solving.  Mention of their names causes fear to the troublemakers and criminals in the city.

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ALIPIO GONZALES

CITY

CITY TREASURER

COURT OF FIRST INSTANCE

DEPUTY DETECTIVE INSPECTOR

DETECTIVE GONZALES

EXECUTIVE ORDER NO

GONZALES

MAYOR OSME

SUPREME COURT

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