Case Digest (G.R. No. L-35474)
Facts:
In Honorato C. Perez vs. Provincial Board of Nueva Ecija, petitioner Honorato C. Perez sought certiorari, prohibition, and mandamus against the Provincial Board of Nueva Ecija, Governor Eduardo L. Joson, and Provincial Treasurer Valentin C. Escuadro to annul Resolution No. 228 dated August 21, 1972, restrain its enforcement, and compel recognition of his authority as Acting Provincial Fiscal. When Provincial Fiscal Celestino Juan was appointed to the Court of First Instance of Quezon, the Secretary of Justice designated First Assistant Fiscal Emilio Cecilio as acting provincial fiscal by Administrative Order No. 388 of September 9, 1971. On May 10, 1972, President Ferdinand Marcos nominated Perez for the permanent post, but Congress adjourned sine die on May 18 before the Commission on Appointments could act. The following day, Perez was designated acting provincial fiscal. The Provincial Board thereupon passed Resolution No. 146 opposing his confirmation, and Governor Joson filCase Digest (G.R. No. L-35474)
Facts:
- Background of the Provincial Fiscal Office
- Celestino Juan, then Provincial Fiscal of Nueva Ecija, was appointed Judge of the Court of First Instance of Quezon.
- Secretary of Justice, by Administrative Order No. 388 dated September 9, 1971, designated First Assistant Fiscal Emilio Cecilio as Acting Provincial Fiscal.
- Presidential Nomination and Designation of Perez
- On May 10, 1972, President Ferdinand Marcos nominated Honorato C. Perez for appointment as Provincial Fiscal of Nueva Ecija.
- The Commission on Appointments bypassed this nomination on May 18, 1972 due to Congress adjourning sine die.
- On May 19, 1972, the President designated Perez as Acting Provincial Fiscal.
- The Provincial Board passed Resolution No. 146 opposing his confirmation.
- Governor Eduardo L. Joson filed a formal protest with the Commission on Appointments’ Committee on Justice, which thereafter refused to recommend confirmation.
- Second Nomination, Assumption of Office, and Board’s Resolution No. 228
- During the sixth special session of Congress, on June 7, 1972, Perez was re-nominated but was again bypassed on June 22.
- Perez took his oath as Acting Provincial Fiscal on August 11, 1972, and formally assumed office on August 14, 1972.
- On August 21, 1972, the Provincial Board adopted Resolution No. 228 ordering the Provincial Treasurer to stop payment of Perez’s salary.
- On August 28, 1972, the Provincial Treasurer and the Governor disapproved Perez’s requisitions and salary vouchers.
- Petition for Certiorari, Prohibition, and Mandamus
- Perez filed this original action praying:
Issues:
- Whether the Provincial Board had the power to refuse recognition of Perez as Acting Provincial Fiscal despite a valid presidential designation.
- Whether the Provincial Board could pass resolution and adjudicate the validity of the President’s designation of an acting provincial officer.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)