Case Digest (G.R. No. L-25835)
Facts:
City of Manila and Mayor Antonio J. Villegas, petitioners, G.R. No. L-25835, May 20, 1966, the Supreme Court En Banc, Bengzon, C.J., writing for the Court. The petition challenged action taken by Abelardo Subido, in his capacity as Commissioner of Civil Service, who in March 1966 refused to act on about 500 appointment papers submitted by Mayor Villegas and returned them with a letter asserting that Villegas had vacated the mayoralty upon accepting a position with the National Waterworks and Sewerage Authority (NAWASA).Petitioner Villegas had been elected Mayor of Manila in November 1963 for a term expiring in 1968 and qualified for that office. In July 1964 he began to perform the duties of Director (designated “Acting Member of the Board of Directors”) of NAWASA pursuant to a presidential designation. It is undisputed that Villegas continued to perform mayoral duties throughout and that he resigned from the NAWASA Board at the beginning of 1966.
Commissioner Subido applied the rule on abandonment/incompatibility of offices and contended that Villegas’ assumption of the NAWASA position vacated the mayoralty, thus rendering the mayor’s appointments invalid and outside the Commissioner’s obligation to act upon. Villegas countered that he had only been designated “acting” (not appointed), that the NAWASA role was temporary and complementary to his mayoralty, that he manifested an intention to retain the mayoralty, and that only a court — not the Civil Service Commissioner — could oust him from office.
The petition was brought as a special civil action to the Court raising two principal questions: (1) whether the Civil Service Commissioner had jurisdiction or power to declare the mayoralty vacant by refusing to act on appointments, and (2) whether Mayor Villegas had actually abandoned his office up...(Pro-only)
Issues:
- Did the Civil Service Commissioner have jurisdiction or power to declare vacant the position of Mayor of Manila by refusing to act on appointments extended by the incumbent mayor?
- Did Mayor Antonio J. Villegas abandon his office as Mayor of Manila when he accepted designation as Acting Member/Direct...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)