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:
- Yes, De Guzman forfeited his right to the position by joining the Philippine Constabulary and later the Philippine Army.
- Yes, De Guzman forfeited his right to the position by filing his certificate of candidacy in September 1947. ...(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
Case Digest (G.R. No. L-2061)
Facts:
The case involves Domingo B. Maddumba, the petitioner, who was appointed as the Justice of the Peace for the municipalities of Solano and Bagabag, Nueva Vizcaya, on July 31, 1946, with his appointment confirmed by the Commission on Appointments on August 9, 1946. Since his appointment, Maddumba has been discharging the duties of the said office. The respondent, Rafael de Guzman, was originally appointed as the Justice of the Peace for the same municipalities in November 1937. In January 1939, under Commonwealth Act No. 1 (National Defense Act), De Guzman was called for training in the Philippine Army and was detailed to work on immigration matters with the rank of Second Lieutenant until May 1940. He resumed his office as Justice of the Peace in June 1940 and continued until June 1941. In July 1941, De Guzman joined the Philippine Constabulary with the rank of First Lieutenant and continued in that service until the outbreak of the Pacific War in 1941. During the Japanese occupation, De Guzman served in the Inspector Division, Bureau of Constabulary, and was an instructor in law subjects in Constabulary Academy No. 3. Upon liberation, he was reactivated to the Philippine Army, promoted to Captain, and served until his demobilization on March 10, 1947. Two days after his demobilization, De Guzman wrote to the Secretary of Justice, Roman Ozaeta, requesting reinstatement to his old post, invoking Commonwealth Act No. 1 and Republic Act No. 65. The Secretary of Justice endorsed his application favorably, recommending his reappointment and advising Maddumba to resign. While the matter was under consideration, De Guzman filed his candidacy for Vice Mayor of Lingayen, Pangasinan, in the November 1947 elections but was not elected. On December 12, 1947, De Guzman inquired about the status of his reinstatement application. Subsequently, Secretary Ozaeta issued Administr...