Case Summary (G.R. No. L-20864)
Legal Issues Raised
Valencia contests the legality of Peralta's appointment, asserting that the position was not vacant since he had neither resigned nor been removed for cause. He claims that, having assumed office on October 25, 1961, his term should extend until October 25, 1967, as stipulated in Section 3 of Republic Act No. 1383.
Respondent's Defense
The Solicitor General, representing Peralta, raised several defenses: first, that Valencia was only appointed as "Acting Chairman" and not granted a permanent ad-interim appointment; second, that there is no sufficient evidence that Valencia took an oath based on an ad-interim appointment; third, the confirmation by the Commission on Appointments had no legal effect due to the lack of a valid appointment; and third, any purported ad-interim appointment for Valencia was not officially released and remains with the Office of the President.
Court's Analysis
The Court found that the substantial evidence was Valencia's designation as Acting Chairman of NAWASA. This temporary designation, being revocable, could not evolve into a permanent appointment despite the later confirmation by the Commission on Appointments. The Court highlighted that confirmation relies on a valid nomination, which was absent in Valencia's case. Furthermore, it noted that an oath taken under a misconception of a legitimate appointment does not create valid title to the office claimed.
Requirement of Written Appointments
The Court emphasized the necessity of having a written documentation for public office appointments to prevent misunderstandings and ensure proper authentication. It echoed the principle that impor
...continue readingCase Syllabus (G.R. No. L-20864)
Case Citation
- 118 Phil. 691
- G.R. No. L-20864
- Date of Decision: August 23, 1963
Parties Involved
- Petitioner: Elpidio Valencia
- Respondent: Macario Peralta, Jr.
Nature of the Case
- This case is a quo warranto proceeding, which pertains to the legality of a public office appointment.
- The position in question is the Chairman of the Board of Directors of the National Waterworks and Sewerage Authority (NAWASA).
Background Information
- On October 4, 1961, Elpidio Valencia was designated as Acting Chairman of the NAWASA Board by President Carlos P. Garcia.
- Valencia claimed to have been granted an ad-interim appointment and took an oath of office on October 25, 1961.
- The Commission on Appointments confirmed Valencia's position on April 27, 1962, for a term expiring on July 20, 1967.
- On June 2, 1962, President Diosdado Macapagal appointed Macario Peralta, Jr. as ad-interim Chairman, leading to Valencia's cessation of attendance at board meetings.
- Valencia filed the petition on February 9, 1963, challenging Peralta's appointment.
Legal Arguments
Petitioner’s Argument:
- Valencia argued that his position was not vacant, as he had neither resigned nor been removed.
- He asserted that his tenure, starting from October 25, 1961, should last until October 25