Case Summary (G.R. No. L-7662)
Applicable Law
This case involves the interpretation of Republic Act No. 180, particularly section 10 regarding the appointment of municipal officers in newly created political divisions, and relevant provisions detailing the process of removal from office.
Case Background
This petition for quo warranto challenges the legality of Maximino Cometa's removal from the office of municipal mayor of Sapao. Cometa was appointed on October 1, 1953, following the municipality's creation by presidential order. He took his oath on October 7, 1953, and assumed office. On February 8, 1954, Cometa alleges that he was removed without due cause or any formal charges leading to his dismissal.
Basis of Removal
Cometa claims his ouster was executed through the designation of Wenceslao Andanar as acting mayor, signed by the Executive Secretary on the authority of the President. Respondent Andanar argues that appointments under Republic Act No. 180 are temporary and can be revoked at the appointing authority's discretion.
Interpretation of Section 10, Republic Act No. 180
The decision elucidates that section 10 implies that if the President appoints an officer to a newly created political division, that individual holds office until a successor is elected at the first regular election. The respondent’s assertion that such appointments are temporary and can be terminated without cause was determined to be incorrect.
Succession and Election Dynamics
The court highlights that under section 7 of Republic Act No. 180, municipal and provincial officials elected in regular elections assume office until their successors are qualified. Therefore, Cometa's appointment was not of a temporary nature but was intended to last until the next regular election scheduled for November 1955.
Legality of Displacement
Since Wenceslao Andanar was not elected but designated to replace Cometa, the latter cannot be lawfully removed except through the due process provided by law. The lack of a just cause for removal undermines the legitimacy of Andanar’s current position as acting mayor.
The Role of Municipal Council
Andanar contended that Cometa was removed by a unanimous resolution of the municipal council, under public demand. However, such a resolution does not have the power to remove a mayor, as removal must occur in accordance with statutory procedures established by law.
Allegations of Voluntary Surrender
The respondent's argument that Cometa
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Case Overview
- This case involves a petition for quo warranto filed by Maximino Cometa against Wenceslao Andanar, questioning the legality of Cometa's ouster from the office of municipal mayor of Sapao, Surigao.
- The case was decided by the Supreme Court of the Philippines on July 31, 1954.
Background and Appointment of the Petitioner
- The municipality of Sapao was created by the President of the Philippines on October 1, 1953, in accordance with section 68 of the Revised Administrative Code.
- On the same day, Maximino Cometa was appointed mayor of Sapao and took his oath of office on October 7, 1953, subsequently assuming all associated duties and functions.
Allegations of Ouster
- On February 8, 1954, Cometa claimed he was removed from office without any legal or justifiable cause and without being formally charged with malfeasance.
- His removal was executed through the designation of Andanar as acting mayor, based on a letter signed by the Executive Secretary, who acted under the authority of the President.
- Cometa made efforts to seek clarification regarding the cause of his removal from the Executive Secretary, but received no response.
Respondent's Defense
- Wenceslao Andanar, the respondent, argued that under section 10 of Republic Act No. 180, appointments made by the President are temporary and can be revoked at ple