Case Digest (G.R. No. L-2431)
Facts:
- The case Tavora v. Ofiana, G.R. No. L-2431, was decided by the Supreme Court of the Philippines on May 23, 1949.
- Ceferino Tavora initiated a quo warranto proceeding against Pedro Ofiana, the judge of peace in Bauang, La Union.
- Tavora served as judge of peace from November 1937 until December 20, 1941.
- During the Japanese occupation, Tavora was appointed judge of peace for several municipalities in La Union.
- He received a designation from the Philippine Civil Affairs Unit upon the arrival of American forces.
- In February 1946, Tavora received an interim appointment as judge of peace for Bauang, which was later disapproved by the Commission on Appointments.
- Pedro Ofiana was appointed to the same position, confirmed on July 30, 1946, and took his oath on August 3, 1946.
- Tavora filed for quo warranto on August 18, 1948, seeking to reclaim his former position and its benefits.
- Ofiana contended that Tavora's action was barred due to the expiration of the time limit for filing.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled against Ceferino Tavora, stating that his petition for quo warranto was ineffective due to the expiration of the two-year period from when Ofiana took office until Tavora filed his petition.
- The Court emphasized that, according to Article 16 ...(Unlock)
Ratio:
- The Court's decision was based on the interpretation of procedural rules for quo warranto actions, specifically Article 16 of Rule 68.
- This article mandates that no action can be taken to remove a public official unless initiated within one year of the alleged usurpation or the claimant's right to the office.
- The Court reasoned that even if Tavora had not ceased to be ...continue reading
Case Digest (G.R. No. L-2431)
Facts:
The case of Tavora v. Ofiana, G.R. No. L-2431, was decided by the Supreme Court of the Philippines on May 23, 1949. The petitioner, Ceferino Tavora, sought a quo warranto against Pedro Ofiana, who was serving as the judge of peace in Bauang, La Union. Tavora had held the position of judge of peace from November 1937 until December 20, 1941. During the Japanese occupation, he was appointed judge of peace for several municipalities in La Union and later received a designation from the Philippine Civil Affairs Unit when American forces arrived. In February 1946, Tavora was granted an interim appointment as judge of peace for Bauang, but this was disapproved by the Commission on Appointments. Subsequently, Pedro Ofiana was appointed to the same position, with his appointment confirmed on July 30, 1946, and he took his oath on August 3, 1946. Tavora became aware of the legal ramifications affecting his position and filed for quo warranto on August 18, 1948, aiming to reclaim his former position and its emoluments. Ofiana defended against the petition by asserting that Tavora's action was already prescribed due...