Case Digest (G.R. No. L-3393)
Facts:
- Dr. Gervasio Eraña challenged the appointment of Dr. Ermelo Vergel de Dios as Chairman of the Board of Dental Examiners.
- Dr. Ermelo Vergel de Dios was appointed by the Secretary of Health, Dr. Antonio Villarama, on December 1, 1948, along with two other members.
- The appointment was made in accordance with the Revised Administrative Code.
- On June 18, 1949, a new law was enacted stating that within thirty days, a new Board of Dental Examiners shall be created.
- On July 18, 1949, the new Board was appointed, with Dr. Gervasio Eraña as Chairman.
Issue:
- (Unlock)
Ruling:
- The court ruled in favor of Dr. Gervasio Eraña.
- Department Order No. 44 was declared null and void.
- Dr. Gervasio Eraña was declared the rightful Chairman of the Board of Dental Examiners...(Unlock)
Ratio:
- The court held that the new law created a new Board of Dental Examiners, replacing the previous one.
- The intention of the lawmaker was to replace the pre-existing Board with the new Board.
- Therefore, Department Order No. 44, which revoked Department Order No. 3...continue reading
Case Digest (G.R. No. L-3393)
Facts:
The case of Eraña v. De Dios involves a challenge to the appointment of Dr. Ermelo Vergel de Dios as Chairman of the Board of Dental Examiners by Dr. Gervasio Eraña. The appointment was made by the Secretary of Health, Dr. Antonio Villarama, on December 1, 1948, in accordance with section 10 of Act No. 4007. This appointment was for a period of one year. However, on June 18, 1949, Republic Act No. 417, also known as the Dental Law, was approved and took effect. This law provided for the creation of a new Board of Dental Examiners within thirty days of its approval, with members appointed by the Secretary of Health. The members of the new Board were to hold office for a term of three years. On July 18, 1949, Dr. Regino G. Padua, as Acting Secretary of Health, appointed Dr. Gervasio Eraña as Chairman o...