Title
Domingo B. Maddumba, Justice of the Peace of Solano and Bagabag, Nueva Vizcaya vs. Roman Ozaeta, in his capacity as Secretary of Justice
Case
G.R. No. L-2061
Decision Date
Oct 27, 1948
The Supreme Court ruled that Rafael de Guzman lost his right to the position of Justice of the Peace due to his extended military service and subsequent filing of a certificate of candidacy for an elective office, affirming Domingo B. Maddumba's lawful tenure in the position.
Font Size

Case Digest (G.R. No. L-2061)

Facts:

  • Domingo B. Maddumba was appointed as the Justice of the Peace for Solano and Bagabag, Nueva Vizcaya, on July 31, 1946, and confirmed on August 9, 1946.
  • Rafael de Guzman was originally appointed to the same position in November 1937.
  • De Guzman was called for training in the Philippine Army in January 1939 and served until May 1940.
  • He resumed his office in June 1940 and continued until June 1941.
  • In July 1941, De Guzman joined the Philippine Constabulary and served until the outbreak of the Pacific War in 1941.
  • During the Japanese occupation, he served in the Bureau of Constabulary and as an instructor.
  • After liberation, he was reactivated to the Philippine Army, promoted to Captain, and served until his demobilization on March 10, 1947.
  • De Guzman requested reinstatement to his old post two days after his demobilization, invoking Commonwealth Act No. 1 and Republic Act No. 65.
  • The Secretary of Justice recommended his reappointment and advised Maddumba to resign.
  • De Guzman filed his candidacy for Vice Mayor of Lingayen, Pangasinan, in November 1947 but was not elected.
  • Secretary Ozaeta issued Administrative Order No. 13 in 1948, reinstating De Guzman and ordering Maddumba to vacate his post.
  • Maddumba filed a petition to enjoin the enforcement of the administrative order and restrain De Guzman from assuming the duties of the office.

Issue:

  • (Unlock)

Ruling:

  1. Yes, De Guzman forfeited his right to the position by joining the Philippine Constabulary and later the Philippine Army.
  2. Yes, De Guzman forfeited his right to the position by filing his certificate of candidacy in September 1947.
  3. ...(Unlock)

Ratio:

  • The court found that De Guzman lost his right to the position by abandonment or forfeiture.
  • Commonwealth Act No. 1, section ...continue reading

Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.

© 2024 Jur.ph. All rights reserved.