FACTS:

In November 1971, the public respondents abolished petitioner-appellant Joventino Madrigal's position as a permanent construction capataz in the office of the Provincial Engineer. This was allegedly due to the poor financial condition of the province and the non-essential nature of his position. Madrigal appealed to the Civil Service Commission, which declared his removal from service illegal. The governor moved for reconsideration but it was denied. Madrigal requested reinstatement to his former position but was denied because it no longer existed. He then filed a petition for mandamus and damages seeking restoration of his position, reinstatement, and payment of back salaries. The trial court dismissed the petition on the ground of laches, stating that Madrigal filed it four years and twenty days after his separation from service. The motion for reconsideration was also denied.

ISSUES:

1. Whether the petition for mandamus and damages is barred by laches.

2. Whether the claim for reinstatement was filed within the prescriptive period.

RULING:

1. The petition for mandamus and damages is barred by laches. The court held that the petitioner's cause of action was barred because he filed the case four years and twenty days after his separation from service. It cited previous cases which established that a person claiming a right to a position in the civil service should file the action for reinstatement within one year from his illegal removal, otherwise he is considered to have abandoned the same. The court reasoned that the doctrine on time limitation of a cause of action in the civil service is based on the principle of laches.

PRINCIPLES:

• A person claiming a right to a position in the civil service should file the action for reinstatement within one year from his illegal removal, otherwise he is considered to have abandoned the same.

• The doctrine on time limitation of a cause of action in the civil service is based on the principle of laches.