G.R. No. L-21117. November 29, 1963
NAPOLEON F. RONQUILLO, PETITIONER, VS. RAFAEL GALANO, RESPONDENT.
LABRADOR, J.:
respondent by the petitioner who alleges that he is the duly appointed
Justice of the Peace of Maripipi, Leyte, assuming office on January 8,
1962, his ad interim appointment on November 6, 1961 having
been confirmed by the Commission on Appointments on April 27, 1962.
Petitioner further alleges that on October 11, 1962 His Excellency
President Macapagal extended another ad interim appointment
in favor of respondent Rafael Galano and the latter took his oath of
office on January 18, 1963. It is argued in the petition that as the
position of Justice of the Peace of Maripipi, Leyte was not vacant when
respondent was appointed, because it was being held by petitioner who
had not resigned nor had been removed from office, respondent’s
appointment to the aforementioned position is without authority of law
and therefore null and void.
The answer of the respondent alleges that the appointment of
petitioner to the position of Justice of the Peace of Maripipi, Leyte
on November 6, 1961 is null and void because said position was not
vacant on that date, Atty. Wenceslao M. Polo, past incumbent, having
remained holding that position or office until December 29, 1961, when
Polo assumed office as Assistant Provincial Fiscal of Leyte; that even
though the petitioner’s appointment was dated November 6, 1961 it was
not released until December 29, 1961; that petitioner’s appointment was
an ad interim appointment which was withdrawn by
Administrative Order No. 2 of President Macapagal and declared without
effect on January 1, 1962, the validity of said administrative order
having been upheld in the case of Aytona vs. Castillo, G.R.
No. L-19313, January 22, 1962. It is therefore maintained that under
the circumstances above indicated petitioner has no valid claim to the
office and that he had been usurping said office illegally.
The documents submitted by both petitioner and respondent show that
while petitioner’s appointment to the position of Justice of the Peace
of Maripipi, Leyte is dated November 6, 1961 (Annex B to the Petition)
the same was not released until December 29, 1961; that upon its
release on the said date petitioner immediately took his oath of office
before the Judicial Superintendent of the Department of Justice; that
petitioner took the oath of office on December 29, 1961, but a
certificate of the then Acting Justice of the Peace Wenceslao M. Polo
issued on December 29, 1961 is to the effect that on that date he
(Polo) was still the Justice of the Peace of the municipality of
Maripipi (Annex 2-A to the Answer) and had not yet been released from
his property responsibility (Annex 3 to the Answer).
We have consulted the expediente of the case of Aytona vs. Castillo, supra,
and We find that petitioner is one of those whose appointments were
submitted to the Commission of Appointments on December 29, 1961. It is
clear that when petitioner was extended the appointment on November 6,
1961 and when he took his oath of office to the position he was
appointed to on December 29, 1961, the position in question was not yet
vacated by the incumbent Wenceslao M. Polo. It also appears from the
petition that petitioner, who is a resident of Maripipi, Leyte, had to
make a trip to Manila on Decmebr 29, 1961 just to take his oath of
office, instead of waiting for the receipt of his appointment in the
ordinary course of mail as in ordinary cases. Under the above
circumstances We are forced to find, as we hereby declare, that this
appointment falls under the principle and theory of the case of Aytona vs. Castillo, supra,
and the appointment is to be considered withdrawn by Administrative
Order No. 2 of 1962 of President Macapagal, which order this Court has
refused to declare invalid. Petitioner’s appointment, therefore, if not
improperly made was lawfully withdrawn on January 2, 1962, and the same
has become ineffective since then.
In view of the foregoing considerations, the petition should be as it hereby is dismissed, with costs against the petitioner. So ordered.
Bengzon, C. J., Padilla, Bautista Angelo, Reyes, J.B.L., Paredes, Dizon, Regala, and Makalintal, JJ., concur.