Title
Menzon vs. Petilla
Case
G.R. No. 90762
Decision Date
May 20, 1991
A temporary vacancy in Leyte's Vice-Governor office arose when Petilla became Acting Governor, prompting Menzon's appointment. Despite legal disputes, the Court upheld Menzon's right to compensation for services rendered, ruling the Secretary of Local Government had authority to designate him.

Case Summary (G.R. No. 90762)

Key Dates and Applicable Law

  • February 16, 1988: Vice-Governor Leopoldo Petilla was designated Acting Governor of Leyte due to no official proclamation of a governor.
  • March 25, 1988: Aurelio Menzon was designated Acting Vice-Governor by the Secretary of Local Government, Luis Santos.
  • July 7, 1989: The Sangguniang Panlalawigan issued Resolution No. 505, invalidating Menzon’s appointment as Acting Vice-Governor.
  • November 12, 1989: Menzon filed a petition for certiorari and mandamus seeking nullification of the resolution and payment of his salary.
  • The constitutional basis is the 1987 Philippine Constitution, as the decision was made in 1991.

Issue on Vacancy in the Office of Vice-Governor

The Court examined whether there existed a vacancy in the Office of Vice-Governor when Leopoldo Petilla assumed the role of Acting Governor. The respondents contended no vacancy existed since Petilla took oath as Vice-Governor, whereas the petitioner maintained that a vacancy arose because Petilla assumed the governorship, leaving the Vice-Governor’s office unoccupied. The Court clarified that legally, a vacancy exists where no person is authorized to discharge the functions of the office. Since Petilla ceased performing the duties of Vice-Governor upon assuming the acting Governorship, the office of Vice-Governor was effectively vacant.

Authority of the Secretary of Local Government to Appoint Temporary Officers

The respondents also challenged the Secretary of Local Government’s authority to designate an acting Vice-Governor. Despite the Local Government Code’s silence on succession during temporary vacancies in the Vice-Governor’s office, the Court held that this statutory silence does not imply lack of remedy. Given the ongoing electoral controversy causing a prolonged vacancy in the governorship of Leyte, the Secretary of Local Government was vested with discretion to appoint an acting Vice-Governor to ensure continuity of governance and uninterrupted delivery of public services.

Justification for Appointment Considering Public Service Necessity

The Court emphasized the practical necessity of filling the temporary vacancy, noting the two-year interregnum without a duly proclaimed Governor, which caused administrative challenges. The appointment of Menzon, a senior Sangguniang Panlalawigan member who obtained the highest votes in the preceding election, was considered not only appropriate but consistent with the intent of the Local Government Code. Filling the temporary vacancy aligns with principles of public service continuity and avoidance of governance paralyses.

Constitutional and Legal Provisions on Succession and Appointment

Section 49 of the Local Government Code explicitly provides a mode of succession in cases of permanent vacancy, stating that the highest-vote winning Sangguniang Panlalawigan member shall assume the position. By analogy and circumstance, the Court extended this principle to temporary vacancies, validating the temporary appointment mechanism by the Secretary of Local Government. Additionally, the Court referenced Commonwealth Act No. 588 and the Revised Administrative Code, which empower the President (and by delegation, the Secretary of Local Government) to make temporary appointments in certain public offices, primarily appointive positions. Despite these being appointive and not elective offices, this framework was applied here to cover the local elective office in absence of opposition laws and for public welfare.

De Facto Officer Doctrine and Entitlement to Emoluments

Even if the Secretary of Local Government lacked appointment authority, the petitioner qualifies as a de facto officer entitled to compensation. Menzon assumed office under color of authority, having been designated by a duly recognized official, took oath publicly, and discharged duties for an extended period. The respondents’ initial recognition of Menzon confirms this status. Under the de facto officer doctrine, as established in Philippine jurisprudence, a de facto officer is entitled to the salary and emoluments corresponding to the office held, especially when acting in good faith and in reliance on apparent authority.

Court’s Holding on Petitioner's Right to Salary and Validation of Appointment

The Court granted the petitioner’s motion for reconsideration and held that:

  1. There was a vacancy in the Vice-Governor's office created by Petilla's assumption as Acting Governor.
  2. The Secretary of Local Government was authorized, by law a

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