NICOLAS ADANTE, PETITIONER, VS. CANDIDO DAGPIN, RESPONDENT.

On November 28, 1951, respondent Candido Dagpin was appointed by former
President Elpidio Quirino Mayor of the newly created municipality of New Piñan,
Zamboanga del Norte. He duly qualified, assumed office, and performed the
functions thereof until July 23, 1953, when President Quirino, without apparent
legal reason, removed him from office and appointed petitioner Nicolas Adante in
his stead. Wherefore, respondent Dagpin filed a quo warranto proceeding
in this Court (G. R. No. L-6995) questioning the legality of Adante’s
appointment. During the pendency of the proceedings, President Ramon Magsaysay
came into office and appointed respondent Candido Dagpin Municipal Mayor of New
Piñan, Zamboanga del Norte, vice petitioner Nicolas Adante. Having thus been
returned to his former post, respondent moved in this Court for the dismissal of
the quo warranto case filed by him against petitioner Adante upon the
ground that the issues therein raised had become academic. Shortly after the
dismissal of the case, however, the ousted Mayor Adante in turn filed petition
for quo warranto in this Court against respondent Candido Dagpin,
President Magsaysay’s appointee.

While it is true that under the doctrine laid down by this Court in the cases
of Cometa vs. Andanar, 50 Off. Gaz., (8) 3594, and Ocupe vs.
Martinez, L-7591, dated August 16, 1954, an appointive mayor is entitled to hold
office until his successor is chosen in the next general election, unless
earlier removed for cause, this doctrine can not be invoked in support of the
present petition, for it clearly appears on record that petitioner himself has
no legal right or title to the position of Mayor of New Piñan, Zamboanga del
Norte. It appears that petitioner’s appointment in 1953 caused the ouster of
respondent Dagpin, the then incumbent, without just cause; hence, his
(petitioner’s) own appointment as Mayor was illegal and void. A private person
who claims to have been deprived of a public office in a complaint for quo
warranto must prove that he is entitled and has the right to the position
which he alleges the respondent usurped or unlawfully holds; and when it does
not appear that petitioner has a valid right or title to the public position
allegedly usurped or unlawfully held by the respondent, he has no cause of
action and his petition must be dismissed (Acosta vs. Flor, 5 Phil.,
18, 22-23; also Lomuntad vs. Cuenco, 41 Off. Gaz., 894).

It appearing that petitioner Nicolas Adante has no valid title in himself to
the position of Mayor of New Pinan, Zamboanga del Norte, his petition for
quo warranto must be, as it is hereby, dismissed. Costs against
petitioner.

Pablo, Acting C. J., Bengzon, Montemayor, Reyes, A., Bautista
Angelo, and Concepcion, JJ., concur.

Petition dismissed.