G.R. Nos. L-10360 and L-10433
Nature of the Case
This is a petition raised assailing the decision of the Court of First Instance of Capiz which entitled Vicencio Alar to remain in office, over Juliano Alba, who was appointed to replace Alajar.
Facts
Vicencio Alajar was appointed as the Vice-Mayor of the City of Roxas from January 1, 1954, until November 1, when Juliano Albas was appointed in his stead. Vicencio Alajar and Juliano Alba were informed of the appointment. Alba then took oath and assumed office.
Alajar instituted quo warranto proceedings in the Court of First Instance of Capiz against Alba, contending that
- He was appointed Vice-Mayor of Roxas city with confirmation from the Commission of Appointments, and that Alba usurped him from office in November of 1955;
- There was no vacancy of the said office at the time of designation of Alba as acting Vice Mayor of Roxas City;
- There is no legal cause or reason that warrants the removal or disqualification of Alajar by the appointment of Alba as active Vice Mayor
The lower court held that Alajar is entitled to remain in office.
Alba then raised the decision to the Supreme Court contending that the lower court
Issues
- Does the lower court have jurisdiction to order the immediate execution of its decision?
- Can the President replace respondent Alajar, with or without cause with petitioner Alba?
Ruling
- No. The respondent judge ignored the judicial doctrines brought to his attention during the quo warranto proceedings which involved questions on the constitutionality of section 8 of RA 603.
- Yes. The replacement is not removal but an expiration of its tenure. Although section 2545 of the Revised Administrative Code was declared inoperative, it is different from section 8 of RA 603, which refers to holding office at the pleasure of the appointing authority. In such cases in which the office is held at the pleasure of the appointing power, the officer may be removed without notice or hearing.G.R. Nos. L-10360 and L-10433