G.R. No. L-7642. March 28, 1955

A petition for a writ of quo warranto to test the legality and
validity of the appointment of the respondents to replace the petitioners as
municipal officials of the municipality of Balingoan, Province of Oriental
Misamis.

On 2 February 1952 the President of the Philippines created the municipality
of Balingoan, province of Oriental Misamis, pursuant to the provisions of
section 68 of the Revised Administrative Code.^[1] On 4 February 1952, Melchor P. Mercado was
appointed mayor, together with the petitioners Tirso M. Dañar, Galicano
Cabrezos, Teodosio H. Panulaya and Melquiades Satur as municipal councilors, of
the newly created municipality. On 6 March 1952 the petitioners Vicente R.
Santos and Tirso Aligsao were appointed vice-mayor and municipal councilor,
respectively. They all qualified by taking the oath of office and performed the
duties and functions thereof. On 13 September 1952, Melchor P. Mercado died.
Vicente R. Santos, the vice-mayor, succeeded him in office and performed the
duties and functions of the office of municipal mayor.

On 17 February 1954 the petitioners were notified by the Executive Secretary
that they were relieved from their respective positions by the President who had
appointed in their stead the respondents Emerenciano Leano as municipal mayor,
and Pedro Macas, Agapito Lituanas, Protacio Aguilar, Arturo Fernandez and Miguel
Chavez as municipal councilors.

In the cases of Cometa vs. Andanar,^[2] 50 Off. Gaz., 3594; Ocupe vs.
Martinez, G. R. No. L-7591, 16 August 1954; and Lanzar vs. Brandarez,
G. R. No. L-8305, 18 March 1955, we held that the designation or appointment of
one to replace an incumbent municipal mayor who by such designation or
appointment is removed from office without cause is unauthorized and illegal,
because the petitioners were entitled to hold the office of mayor, unless
removed for cause, until after the people shall have chosen their mayor at the
next general election.

The contention that the petitioner Vicente R. Santos, appointed vice-mayor of
Balingoan, who succeeded the late mayor Melchor P. Mercado upon the latter’s
death on 13 September 1952, is not entitled to the office of mayor, because he
was appointed and not elected, is not well taken. Section 21 (6) of the Revised
Election Code (Republic Act No. 180, as amended) invoked by the respondent
Emerenciano Leano in support of the contention does not exclude an appointed
vice-mayor who succeeds the mayor upon the latter’s death. The term or adjective
“elective” is used in the section because the office of mayor is elective and a
mayor is appointed only if and when the President in his discretion chooses to
appoint and does not order the holding of a special election to elect the mayor,
as provided for in section 10 of the Revised Election Code (Republic Act No.
180, as amended). So that if a vice-mayor appointed under the last mentioned
section of the Revised Election Code, upon the death of the mayor, succeeds the
latter in office, he is entitled to hold it until his successor be elected at
the next regular election.^[3] The claim
that the rule laid down in the cases of Lacson vs. Roque^[4] and Jover vs. Borra^[5] cannot be invoked, because the term of the
city mayors is for a fixed period, whereas the term of the municipal officers of
Balingoan is not, is without merit. The term of the elective or appointed
municipal officials is for a fixed period, as provided for in section 7 of the
Revised Election Code (Republic Act No. 180, as amended by Republic Act No.
867).

The petitioners are entitled to hold the respective offices to which they
were appointed to the exclusion of the respondents until their successors shall
have been duly elected and qualified.

Writ granted, without pronouncement as to costs.

Paras, C.J. Pablo, Bengzon, Montemayor, Reyes, A., Jugo, Bautista Angelo,
Labrador, Concepcion, and Reyes, J.B.L., JJ., concur.

Writ granted.

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^[1] Executive Order No. 490, series of
1952, 48 Off. Gaz., 494.

^[2] 195 Phil., 604.

^[3] Section 10, Rep. Act No. 180, as
amended.

^[4]49 Off. Gaz., 93.

^[5] 49 Off. Gaz., 2765.