Case Digest (G.R. No. L-10360)
Facts:
On January 1, 1954, the President of the Philippines appointed Vivencio C. Alajar as Vice-Mayor of Roxas City, he took his oath on January 6 and was confirmed by the Commission on Appointments on March 31, 1954. He served until November 1955, when Assistant Executive Secretary Enrique Quema informed him that Juliano A. Alba had been designated Acting Vice-Mayor effective immediately, a change later confirmed by presidential telegrams. Alba received his designation through Executive Secretary Fred Ruiz Castro, took his oath on November 19, 1955 and entered upon the duties of the office. Alajar filed quo warranto proceedings (Civil Case No. V-2041) in the Court of First Instance of Capiz, alleging that there was no vacancy, no cause for his displacement and that Alba’s appointment was illegal. After hearing, the trial court ruled that Alajar “is entitled to remain in office as Vice-Mayor … until he resigns, dies or is removed for cause,” and on February 18, 1956 granted Alajar’s mCase Digest (G.R. No. L-10360)
Facts:
- Appointment and Confirmation of Vivencio C. Alajar
- On January 1, 1954, the President appointed Vivencio C. Alajar as Vice-Mayor of Roxas City.
- Alajar took his oath on January 6, 1954, and his appointment was confirmed by the Commission on Appointments on March 31, 1954.
- Designation of Juliano A. Alba as Acting Vice-Mayor
- In November 1955, Assistant Executive Secretary Enrique C. Quema, by presidential direction, informed Alajar that Juliano A. Alba was designated Acting Vice-Mayor effective immediately; this was confirmed by a presidential telegram dated November 23, 1955.
- Executive Secretary Fred Ruiz Castro notified Alba of his designation and instructed him to qualify; Alba took his oath and assumed office on November 19, 1955.
- Quo Warranto Proceedings in the Court of First Instance
- Alajar filed Quo Warranto Case No. V-2041, alleging (a) usurpation by Alba; (b) absence of vacancy; and (c) lack of legal cause for removal.
- After hearing, the trial court held that Alajar was entitled to remain in office “until he resigns, dies or is removed for cause” and denied costs.
- Appeal and Orders for Execution and Injunction
- Alba appealed on February 3, 1956. On February 7, Alajar moved for immediate execution of the lower court’s decision; on February 18, 1956, the trial court granted the motion.
- Alba petitioned the Supreme Court for certiorari and a writ of preliminary injunction against execution; the Solicitor General intervened to defend the constitutionality of Section 8 of Republic Act No. 603.
Issues:
- Jurisdictional Issue
- Whether the trial court had jurisdiction to order immediate execution of its judgment after the appeal had been perfected.
- Substantive Constitutional Issue
- Whether, under Section 8 of Republic Act No. 603 (providing that the Vice-Mayor “shall hold office at the pleasure of the President”), the President could legally replace Alajar with Alba without cause.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)