Case Digest (G.R. No. 43811)
Facts:
Jose A. F. Ubaldo v. Paterno Bisco, G.R. No. 43811, October 26, 1935, the Supreme Court, Villa-Real, J., writing for the Court. The plaintiff-appellee was Jose A. F. Ubaldo; the defendant-appellant was Paterno Bisco.At the June 1934 general elections, Rafael Gata was elected municipal president of Matnog, Sorsogon, but he was murdered before assuming office. Under section 2177 of the Revised Administrative Code the incumbent, Paterno Bisco, continued in office. On October 17, 1934, acting pursuant to provincial board Resolution No. 322, the provincial governor appointed Jose A. F. Ubaldo municipal president (Exhibit A); Ubaldo took his oath and demanded possession, which Bisco refused.
The Secretary of the Interior had not yet determined whether the vacancy should be filled by provincial-board appointment or by special election under section 2180(c). Despite that, the provincial board again appointed Ubaldo on November 12, 1934 (Exhibit F), and he again took his oath and sought possession. The Secretary of the Interior issued a telegram and an endorsement (Exhibits 12 and 1) annulling the appointments and directing the provincial board to appoint Bisco, ordering that Bisco continue in office pending action. Ubaldo sued in the Court of First Instance of Sorsogon, which held that the Department of the Interior exceeded its powers in annulling the provincial board appointment, declared Ubaldo entitled to the office, ousted Bisco, and ordered Ubaldo placed in possession (the appealed judgment quoted at the start of this decision).
Bisco appealed to the Supreme Court, assigning errors including that the trial court should have dismissed for lack of cause of action because the Secretary validly annulled the appointments; that evidence showed Bisco belonged to the deceased’s party; and that the Secretary lawfully exercised supervisory power to annul the provincial board’s appointment. The Supreme Court took th...(Subscriber-Only)
Issues:
- Did the Secretary of the Interior have authority to annul the provincial board’s appointment of a municipal president made under Section 2180(c) of the Revised Administrative Code?
- If not, was the appointment of Jose A. F. Ubaldo by the provincial board valid and does Paterno Bisco therefore hold the municip...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)