Case Digest (G.R. No. L-1925)
Case Digest (G.R. No. L-1925)
Facts:
Mejia v. Balolong, G.R. No. L-1925, September 16, 1948, Supreme Court En Banc, Feria, J., writing for the Court.
This quo warranto action was filed by petitioners Flaviano Mejia, Teofilo P. Guadiz, Ruperto Z. Tandoc and Policronio de Venecia against respondents Pedro U. Balolong, Ricardo Villamil, Toribio Quimosing and Crisologo Zarate to test the validity of the latter’s appointments as councilors of the City of Dagupan.
The factual core is undisputed. Republic Act No. 170 (the Dagupan charter) was approved on June 20, 1947; section 2 declared the City of Dagupan “created” and section 90 provided the Act took effect upon approval. A general election for provincial and municipal officials was held on November 11, 1947, at which the petitioners filed certificates of candidacy for city councilor and were declared elected. The respondents also ran but were defeated. On December 30, 1947 the President appointed the respondents as councilors of the City of Dagupan. By Executive Order No. 96 (later superseded by Executive Order No. 115) the President fixed January 1, 1948 as the date for organization of the city government and for the qualification of the mayor and members of the municipal board.
Petitioners brought quo warranto to oust the appointed respondents and to be placed in possession, asserting that because the city was created on June 20, 1947 the “next general election” in November 1947 filled the councilor posts and therefore the President lacked authority to appoint on December 30, 1947. The respondents defended the appointments on the theory that the city government was not organized until January 1, 1948 and that section 88 of the charter authorized presidential appointments pending the next general election following organization.
The Supreme Court heard the original quo warranto and, by majority, ruled for the petitioners. Motions for reconsideration and separate dissenting opinions were filed and denied; several justices filed opinions concurring or dissenting as noted in the opinion roll call.
Issues:
- Did the City of Dagupan come into existence as a juridical public corporation on June 20, 1947 (the approval date of Republic Act No. 170) or only upon the organization of its government on January 1, 1948 as fixed by Executive Order No. 96/115?
- If the city came into existence on June 20, 1947, were the presidential appointments of December 30, 1947 of the four respondents as councilors valid, or must the elected petitioners be placed in possession?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)