Case Summary (G.R. No. 146875)
Petitioners
Councilors Mendoza, Espino, Mendoza and Banal (Special Committee Chairman), joined by Mayor Mathay, challenged Laxina’s readmission and disciplinary exoneration following alleged irregularities in appointment dates and payroll entries.
Respondent
Manuel D. Laxina Sr., twice proclaimed Barangay Captain of Batasan Hills in the 1997 Barangay Elections, subsequently unseated by an election protest, then reinstated by COMELEC resolution pending appeal.
Key Dates
• May 27, 1997: Laxina takes original oath and assumes office.
• January 18–20, 1999: Metropolitan Trial Court declares Fermo winner; orders execution pending appeal; Laxina vacates.
• September 16, 1999: COMELEC annuls execution and orders Fermo to cease functions.
• October 27–28, 1999: COMELEC issues writ of execution; Fermo refuses to vacate.
• November 12, 1999: Alias writ of execution issued.
• November 16, 1999: Laxina takes oath before Mayor Mathay.
• November 17, 1999: Fermo turns over barangay assets.
• November 20 & December 11–18, 1999: Barangay Council ratifies appointments; payroll prepared.
• January 2000: Petitioners file complaint for anti-graft and falsification before Quezon City Council.
• October 2–9, 2000: Special Committee finds Laxina guilty of grave misconduct; Council adopts findings and suspends him.
• November 13, 2000: RTC, Branch 77, grants Laxina’s certiorari petition and issues summary judgment exonerating him.
• July 14, 2003: Supreme Court decision.
Applicable Law
• 1987 Philippine Constitution
• Local Government Code of 1991, particularly:
– Section 61(c): Administrative complaints against barangay officials filed with sangguniang panlungsod; decision final and executory.
– Section 67(b): Appeal from sangguniang panlungsod decision to Office of the President within 30 days.
– Section 68: Appeal does not stay execution; exonerated official entitled to salary and benefits during pendency.
Factual Background
Laxina was proclaimed winner in the 1997 Barangay Elections, took oath May 27, 1997, and assumed office. Fermo’s election protest led to a trial court order unseating Laxina pending appeal (January 20, 1999), prompting Laxina’s temporary vacatur. On appeal to COMELEC, the execution was annulled (September 16, 1999), and writs of execution issued (October 27 and November 12, 1999) to restore Laxina. Fermo’s refusal to vacate delayed physical turnover until November 17, 1999, although Laxina and staff already discharged official functions from October 28, 1999. Laxina appointed a secretary and treasurer effective November 1, 1999; the Barangay Council ratified these appointments and appropriated salaries covering November–December 1999. Petitioners refused to sign the payroll, then lodged administrative and graft complaints alleging unauthorized appointments before Laxina’s November 16 oath and fraudulent antedating of appointment and payroll dates.
Procedural Posture
A Special Investigation Committee found Laxina guilty of grave misconduct (appointment and payroll antedation) but in good faith; recommended suspension. The Quezon City Council adopted its findings and suspended Laxina. Laxina petitioned the RTC for certiorari, which granted summary judgment, lifted suspension, and restored benefits. Petitioners elevated pure questions of law to the Supreme Court under Rule 45.
Issue on Exhaustion of Administrative Remedies
Petitioners argued Laxina erred by filing certiorari with the RTC instead of appealing to the Office of the President under Section 67(b). The Supreme Court held that although administrative remedies must generally be exhausted, purely legal questions (appealability of sangguniang panlungsod decisions; necessity of re-oath) warrant immediate judicial review. Section 68 ensures that appeal does not prejudice salary recovery, so mandamus to the Office of the President would not render relief moot.
Issue on Oath of Office Requirement
The Court reaffirmed that taking an oath is a constitutional prerequisite to assumption of public office. However, once duly sworn and proclaimed, a public officer’s right to office remains intact pending final resolution of an election protest. COMELEC’s annulment of the executi
Case Syllabus (G.R. No. 146875)
Procedural Background
- Petition under Rule 45 assails RTC Quezon City, Branch 77 Summary Judgment of November 13, 2000 setting aside Quezon City Council’s disciplinary decision.
- Original election: Respondent proclaimed and took oath May 27, 1997 as Barangay Captain, Batasan Hills. Rival Fermo filed protest in MTC Quezon City, Branch 40.
- January 18, 1999 MTC declared Fermo winner; January 20, 1999 granted execution pending appeal; respondent vacated office.
- Respondent appealed to COMELEC; Fermo moved to execute pending appeal.
- September 16, 1999 COMELEC annulled MTC’s execution order and ordered Fermo to cease functions; October 27, 1999 COMELEC issued writ of execution.
- Fermo refused to vacate; alias writ issued November 12, 1999, also unsatisfied.
- Respondent retook oath November 16, 1999 before Mayor Mathay; Fermo turned over barangay assets November 17, 1999.
- Barangay Council resolutions ratified appointments effective November 1, 1999; objections led to allowances for predecessors.
- December 11, 1999 Council appropriated ₱864,326 for November–December salaries; payroll issued December 18, 1999 listing respondent and appointees.
- Three kagawads (petitioners) refused to sign resolution and payroll; January 2000 filed complaint for graft and falsification against respondent and others before City Council.
- Special Investigation Committee found respondent guilty of grave misconduct for pre-oath appointments but in good faith; recommended two-month suspension; other charges dismissed.
- October 3, 2000 City Council adopted findings; October 9, 2000 implemented suspension and appointed acting captain.
- Respondent filed certiorari with RTC Branch 67; petitioners argued failure to exhaust administrative remedies and lack of jurisdiction.
- November 13, 2000 RTC granted summary judgment in respondent’s favor, lifting suspension and restoring benefits.
- Petitioners filed petition for review before the Supreme Court raising pure questions of law.
Facts of the Case
- May 27, 1997: Respondent took initial oath and assumed office as Barangay Captain.
- Rival protest: Fermo declared winner January 18, 1999; execution pending appeal ordered January 20, 1999.
- Respondent vacated office; petitioned COMELEC to annul execution order.
- September 16, 1999 COMELEC annulled MTC order; October 27, 1999 writ of execution served but refused.
- Respondent and staff performed duti