Gregorio  P. de Guzman,  plaintiff-appellant,  was  appointed Assistant Sanitary Inspector of  San Jose, Nueva Ecija, by virtue of Resolution No.  72 of the  Municipal Council of said town on  June 17, 1954.   He was a civil service eligible.  He assumed his post soon after his  appointment.  On March 25, 1955, defendant-appellee Jose B.  Ramoso  in his capacity  as  officer in  charge  of  the Provincial Health Office  of Nueva  Ecija,  issued Special Order No. 3, series of 1955, directing Guzman to proceed to his new place of assignment, namely,  the Municipality of  Pantabangan,  Nueva  Ecija.  Guzman  challenged  the validity  of the order of assignment,  refused to comply therewith and insisted on  remaining in San Jose and working in his office,  but it is claimed that Ramoso  prevented him from doing so,  resulting in his  failure  to receive  his salary, and filed charges against Guzman for insubordination and threatened to  investigate him.

In  November,  1955,  Guzman filed a petition  for mandamus with preliminary  injunction,  Civil Case  No. 1970, in the Court  of  First  Instance of Nueva Ecija, alleging the facts above narrated, intimating that his assignment to Pantabangan  was unconstitutional and arbitrary and equivalent to removal from office,  claiming that by reason of the wrongful act of Ramoso in restraining him from the enjoyment of his office as Assistant Sanitary Inspector of San Jose, he had suffered damages in the amount of P2,000 as actual damages, P10,000 as moral damages  and P5,000 as exemplary damages, and he asked that Ramoso be ordered to pay the damages; to allow him to "use  and enjoy the office of Assistant Sanitary  Inspector of  San Jose,  Nueva Ecija, and  enjoy  its emolument and rights pertaining thereto"; to pay to  him his  back salary from April 1,  1955 up to the termination of  the case,  and to enjoin Ramoso from investigating him.

Ramoso filed a motion to dismiss the petition, claiming that the  assignment of  Guzman to Pantabangan was not a permanent transfer or assignment for the reason that only the Municipal  Council can  appoint a Sanitary Inspector,  but that  it was only  a  transfer  or assignment temporary in nature.  Guzman filed  a written opposition to the motion to dismiss supporting  the same with arguments.  On November 25, 1955,  the Nueva Ecija court found that under his  (Ramoso's)  general and supervisory powers under Section 980  of the Revised Administrative Code, he had inherent power  to reshuffle the personnel under his jurisdiction, but only on a temporary basis, as for instance, should an epidemic arise in a certain municipality and the Sanitary Inspector in  said town is incapacitated to  perform his  duties, then the  Provincial  Health Officer may designate  a sanitary inspector  from another municipality to take over, but that this  power of the Provincial Health Officer cannot be used to interfere with the civil service tenure of his  employees, harass them or remove them  under the guise of  temporary transfer or assignment, and special order No. 3 in question did not say that  it was a temporary  arrangement.  However,  upon the explanation given by Ramoso, the court was satisfied that he issued the order without  any intention of  permanently transferring Guzman from his permanent station,  and that it was made only for the good of the service, for the reason that the incumbent sanitary  inspector in  Pantabangan was absent on leave and it  was necessary to assign another sanitary inspector in his place in the meantime.  The court further found that under the law, the Provincial Board and the District  Health Officer had the right to investigate the President of the Sanitary Division and the Sanitary Inspectors, so that the investigation intended to be made by Ramoso and upon  complaint against Guzman, was authorized by law.

By order of January 6, 1956, the lower court dismissed the petition but decreed that the assignment of Guzman to Pantabangan be of temporary  character to  last only during  the  absence of the  regular  incumbent  of  Pantabangan, and in no  case to exceed 30 days.  A motion for reconsideration  of  the order  of dismissal  filed by Guzman was denied.   One of the reasons for said dismissal was that Guzman had already been ordered to report for duty to the Municipal Health Office of  San Jose instead of Pantabangan; that he had already reported for  duty effective December 8, 1955,  and having been able to collect his salary from December 8 to December 31, 1955.   Guzman did not appeal from the order of dismissal.

On February 6, 1956, Guzman commenced the present action against Ramoso,  in the Court of  First Instance of Nueva Ecija making the  same allegations contained  in his petition for mandamus  in Civil  Case No. 1970, asking for the same  remedies, including  his backpay or salary from April 1 to December 7, 1955, plus P500 for attorney's fees.  Ramoso filed a motion to dismiss, claiming that the unappealed order of dismissal in Civil Case No. 1970 barred the present action.  Guzman opposed the  motion to dismiss.  The court  held  a preliminary hearing in which the defendant without objection offered the same evidence adduced  in  Civil Case  No. 1970,  after which,  the  trial court by order of March 13, 1956,  dismissed the case on the ground of  res adjudicata.

Guzman is now  appealing from said order of dismissal.

Despite appellant's claim that the principle of res adjudicata is not applicable for the reason that Civil Case No. 1970  was not decided  on  the  merits but was merely dismissed,  we agree with the trial court that said case bars the present action.  Although Civil Case  No.  1970 was dismissed, nevertheless, the rights  of the parties therein were  adjudicated.   Evidently, on the manifestations and admissions of both parties, if not on the evidence adduced, the trial  court there  held that  Guzman  could  not be permanently transferred or appointed to another town as Assistant Sanitary Inspector,  but  that  his  assignment to Pantabangan was  only temporary,  to act during the leave of absence of the incumbent in that town, which temporary assignment was within the powers  of the District Health Officer of Nueva Ecija, and the court even fixed the period of  assignment not to exceed  30  days.   Evidently, the trial  court found that  Ramoso acted  within the scope of his powers as acting District  Health  Officer, and in good faith  without any ulterior motive;  that Guzman was not entitled to  the  damages  claimed  by  him, including  his prayer to receive his back salary from April 1 to December 7, 1955.  As already stated, Guzman failed to appeal from that order of dismissal which  naturally  became final.

In view of the foregoing, the order of dismissal appealed from  is hereby affirmed, with  costs against appellants.

Paras, C. J., Bengzon, Padilla, Reyes, A., Bautista Angelo, Labrador, Concepcion,  Reyes, J. B. L., Endencia, and Felix, JJ., concur.