Case Digest (G.R. No. L-21776)
Facts:
Nicanor G. Jorge v. Jovencio Q. Mayor, G.R. No. L-21776. February 28, 1964. The Supreme Court En Banc. Reyes, J., writing for the Court.
Petitioner Nicanor G. Jorge, a career official of the Bureau of Lands with 38 years' service, rose by regular promotions to Acting Director and was designated Acting Director on June 17, 1961. On December 13, 1961 President Carlos P. Garcia appointed Jorge ad interim Director; Jorge qualified by taking the oath on December 23, 1961. The appointment was transmitted to the Commission on Appointments on December 26, 1961 and was confirmed by the Commission on May 14, 1962.
Under the new administration of President Diosdado Macapagal, Administrative Order No. 2 (dated December 31, 1961) purported to withdraw "all the said appointments" that had been extended by President Garcia "after the joint session of Congress that ended on December 13, 1961." In a letter dated November 14, 1962 Secretary Benjamin Gozon advised Jorge that, pursuant to instructions, Jorge's appointment was among those revoked by the Administrative Order and that the office was considered vacant; respondent Jovencio Q. Mayor, an outsider, was designated Acting Director effective November 13, 1962.
Jorge protested by letters and office circulars claiming to be the legally appointed Director and, on September 2, 1963, filed directly in the Supreme Court a petition for writs of mandamus and quo warranto to be declared the sole legally appointed and qualified Director of Lands and to require respondent to turn over the office and desist from holding himself out as Acting Director. Respondent answered, asserting that Jorge’s ad interim appointment had been revoked by Administrative Order No. 2 and alleging that Jorge had voluntarily relinquished his position and acquiesced in the appointment of respondent.
No lower court ruled becaus...(Pro-only)
Issues:
- Did Administrative Order No. 2 of President Macapagal validly revoke petitioner Jorge’s ad interim appointment as Director of Lands?
- Did petitioner voluntarily relinquish or abandon his office so as to validate respondent Mayor’s designation as Acting Director, thereby barring the writs of ma...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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