G.R. No. 90762 - Menzon vs. Petilla

On February 16, 1988, no Governor had been proclaimed in Leyte; thus, Secretary of Local Government Luis Santos designated Vice-Governor Leopoldo E. Petilla as Acting Governor.
On March 25, 1988, petitioner Aurelio D. Menzon, a senior member of the Sangguniang Panlalawigan, was designated by Secretary Santos as Acting Vice-Governor of Leyte.
Petitioner took his oath of office before Senator Alberto Romulo on March 29, 1988.

On May 29, 1989, Provincial Administrator Tente U. Quintero sought the opinion of Undersecretary Jacinto T. Rubillar, Jr. regarding the legality of petitioner’s appointment.
Undersecretary Rubillar replied on June 22, 1989, stating that the Local Government Code (B.P. 337) lacked provisions on succession for temporary vacancy of Vice-Governor, and that the appointment was unnecessary since the Acting Governor could perform both roles concurrently.
Sangguniang Panlalawigan, via Resolution No. 505 dated July 7, 1989, declared petitioner’s designation as Acting Vice-Governor invalid and refused recognition.

Petitioner, through acting LDP Regional Counsel, requested clarification from Undersecretary Rubillar on July 10, 1989.
On July 12, 1989, Undersecretary Rubillar clarified his opinion, explaining that the designation was an imposition of additional duties, not succession to the office, and could be justified by the best interest of public service considering prevailing circumstances.
Subsequently, Regional Director Resurrection Salvatierra requested the Acting Governor Petilla to modify Resolution No. 505 and recognize petitioner’s designation, including payment of salary, through letters dated July 17 and August 3, 1989.
Despite these requests, respondents refused to correct the resolution and to pay petitioner the corresponding emoluments.

On November 12, 1989, petitioner filed a petition for certiorari and mandamus, seeking nullification of Resolution No. 505 and payment of salary for services rendered as Acting Vice-Governor.
While the case was pending, the election dispute over the Governor’s office was resolved and Adelina Larrazabal was declared Governor.
On May 16, 1990, the Provincial Treasurer allowed payment of P17,710 to petitioner as salary for acting Vice-Governor services.
On August 28, 1990, the Supreme Court dismissed petitioner’s petition.
Respondent Petilla requested repayment by the petitioner of all emoluments received on September 6, 1990.
On September 21, 1990, petitioner filed a motion for reconsideration, asserting entitlement to salary and emoluments based on good faith, justice, and equity.

Whether a vacancy existed in the Office of the Vice-Governor when the elected Vice-Governor assumed the position of Acting Governor.
Whether the Secretary of Local Government had the authority to designate petitioner as Acting Vice-Governor in the absence of a specific provision in the Local Government Code on succession in case of temporary vacancy.
Whether petitioner is entitled to receive the salary and emoluments corresponding to the office of Vice-Governor for services rendered.