Case Digest (G.R. No. 74720)
Facts:
Roberto Ignacio v. Leoncio Banate, Jr., Hon. Aquilino Pimentel, in his capacity as Minister of Local Governments and Community Development and the City Treasurer of Roxas City, G.R. No. 74720, August 31, 1987, Supreme Court En Banc, Gutierrez, Jr., J., writing for the Court.The petitioner Roberto Ignacio was elected Barangay Captain of Barangay Tanza, Roxas City on May 17, 1982, for a six-year term commencing June 7, 1982. He was thereafter elected President of the Association of Barangay Councils (Katipunang Panlungsod ng mga Barangay) of Roxas City and, by virtue of that office, was appointed by then President Marcos as a member of the Sangguniang Panlungsod (City Council); he took his oath on June 24, 1982.
On May 9, 1986, respondent Minister Aquilino Pimentel designated Leoncio Banate, Jr. as member of the Sangguniang Panlungsod of Roxas City to replace petitioner Ignacio. Ignacio filed a petition for quo warranto and prohibition with prayer for preliminary injunction and temporary restraining order in the Supreme Court seeking nullification of Banate’s designation and reinstatement to the Sangguniang Panlungsod.
Petitioner argued that Banate was not an elected barangay captain nor President of the Katipunan and thus did not meet the statutory qualification for appointment under BP Blg. 337 (Local Government Code), Sec. 173, and BP Blg. 51, Sec. 3. He also maintained that the appointing power under Sec. 173 is vested in the President of the Philippines and cannot be validly delegated to the Minister. The Solicitor General answered that local officials who assumed office under the 1973 Constitution continued until provided otherwise by Proclamation No. 3 (Sec. 2, Art. III) and that Proclamation No. 3 authorized Mini...(Subscriber-Only)
Issues:
- Under Proclamation No. 3 (Sec. 2, Art. III), did petitioner Ignacio remain in office pending the appointment and qualification of a valid successor?
- Could Minister Aquilino Pimentel validly designate or appoint a local official in place of the President pursuant to Proclamation No. 3?
- Was Leoncio Banate, Jr. qualified to be appointed a member of the Sangguniang Panlungsod as the representative of the Katipunang Panlungsod ng mga B...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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