CONSUELO CARAAN-MEDINA, PETITIONER, VS. CARMELO Q. QUIZON, RESPONDENT.

At bar is a petition for
quo warranto, filed directly
with this Court, wherein the petitioner asks that she be declared the rightful
occupant of the position of “third assistant provincial fiscal” of Batangas. Her
theory is to the effect that when respondent Carmelo Q. Quizon was appointed
thereto, she was already legally occupying the position and hence there was no
vacancy therein to which he could have been validly
appointed.

Originally, Marcelo T. Lota was
also named as party respondent allegedly in view of his refusal to join the
petitioner, but eventually he was excluded (see Second Amended
Petition).

The pertinent facts are as
follows:

Section 1674 of the Revised
Administrative Code, before its amendment by Republic Act 732, provided for
three “assistant provincial fiscals” of Batangas without any classification
except as to salary, thus:

“SEC. 1674. Assistant Provincial
Fiscals.- In the following provinces there shall be assistant provincial fiscals
in such numbers and with such salaries as are hereinafter provided: x x x
“Batangas, three assistant provincial fiscals, two at three thousand pesos each
per annum and one at two thousand four hundred pesos per annum” As amended by
Republic Act 732, however, the said section of the Code
read:

“SEC. 1674. Assistant Provincial
Fiscals.- In the following provinces there shall be assistant provincial fiscals
in such numbers as are hereinafter provided: x x x

“Batangas, three assistant
provincial fiscals; x x x

“Assistant provincial fiscals
shall receive such salaries as hereinafter provided:

“(A) In first class provinces A
and B (to which category the province of Batangas belonged), the first assistant
provincial fiscal, four thousand five hundred pesos per annum, the second
assistant provincial fiscal four thousand two hundred fifty pesos per annum, and
the other assistant provincial fiscals three thousand six hundred pesos each,
per annum; x x x

“These officers shall be
appointed by the President of the Philippines with the consent of the
Commission on Appointments of the Congress of the
Philippines, and their salaries shall be
paid by the provinces concerned. . . . Provided, however, That incumbent
assistant provincial fiscals whose appointments have been duly acted upon and
approved by the Commission on Appointments of the Congress of the Philippines
prior to the approval of this Act, shall be deemed reappointed and their
appointments confirmed and, therefore, entitled to the benefits of this Act.”
(Underscoring ours)

On account of such amendment, the
Under Secretary of Justice issued, on June 15,
1953,
Administrative Order 110 establishing the order of rank of incumbent provincial
fiscals:

“Conformably to the provisions of
Section 1674 of the Revised Administrative Code, as amended by Republic Act No,
732, effective June 18, 1952, the order of rank of Assistant Provincial Fiscals
in different provinces is established as follows: x x x

BATANGAS
Geminiano Beloso	First Assistant Provincial Fiscal
Jose T. Lantin	Second Assistant Provincial Fiscal
Pedro Sara	Assistant Provincial Fiscal

 

On June 1,
1955
Congress passed Republic Act 1228 further amending section 1674 of the Revised
Administrative Code so as to increase the number of assistant provincial fiscals
of Batangas from three to four. Whereupon, on June 16,
1955 the
President extended an ad interim appointment to Marcelo T. Lota as “fourth
assistant provincial fiscal” of Batangas, which appointment was eventually
confirmed by the Commission on Appointments. Actually, there was at the time no
position specifically denominated by law as “fourth assistant provincial fiscal”
of Batangas; in the terminology of section 1674 of the Revised Administrative
Code, as it then existed, there were provided for Batangas one “first assistant
provincial fiscal ,” one “second assistant provincial fiscal” and two mere
“assistant provincial fiscals”. Quite obviously, therefore, when Marcelo T. Lota
was appointed “fourth assistant provincial fiscal,” the word “fourth” was merely
used in the generic or descriptive sense, that is, as there were already three
incumbent assistant provincial fiscals of Batangas at the time, Lota was going
to be the fourth, to complete the staff of four assistant fiscals then allowed
by law for that province. (Cf Agudo, Jr. vs. Villanueva, et al., L-17405, Sept.
26, 1964.)

After Marcelo T. Lota assumed
office, the four incumbent assistant provincial fiscals of Batangas were as
follows:

Geminiano Beloso	First Assistant Provincial Fiscal
Pedro Sara	Second Assistant Provincial Fiscal
Gregorio Panganiban	Assistant Provincial Fiscal
Marcelo T. Lota	Assistant Provincial Fiscal

 

On June 21, 1957, Congress passed
Republic Act 1799 further amending section 1674 of the Revised Administrative
Code so as, among other things, to increase the number of assistant provincial
fiscals of Batangas from four to five, and raise their salaries. As thus
amended, said section of the Code read:

“SEC. 1674. Assistant Provincial Fiscals.- In the
following provinces there shall be assistant provincial fiscals in such numbers
as are hereinafter provided: x x x

“Batangas, five assistant
provincial fiscals; x x x

“Assistant provincial fiscals
shall receive such salaries as hereinafter provided:

“(A) In first class provinces A
and B, the first assistant provincial fiscal, six thousand pesos per annum, the
second “assistant provincial fiscal, four thousand eight hundred pesos per
annum, and the other assistant provincial fiscals, four thousand two hundred
pesos each, per annum; x x x

“. . . incumbent assistant provincial fiscals whose
appointments have been duly acted, upon approved by the Commission on
Appointments of the Congress of the Philippines prior to the approval of this
Act, shall be deemed reappointed and their appointments confirmed and,
therefore, entitled to the benefits of this Act.” (Underscoring
ours)

On September 14,
1957 the
President extended an ad interim
appointment to Consuelo H. Caraan (maiden name of petitioner) as
“assistant provincial fiscal” of Batangas, which was later confirmed by the
Commission on Appointments.

On September 26,
1957 the
Secretary of Justice, in view of the aforesaid amendment of section 1674 of the
Revised Administrative Code by Republic Act 1799, issued Administrative Order
149 establishing anew the order of rank of incumbent provincial fiscals:

“Conformably to the provision of
Section 1674 of the Revised Administrative Code, as amended by Republic Act No.
1799, effective June 22, 1957, the order of rank of Assistant Provincial Fiscals
in different provinces is established as follows: x x x

BATANGAS
Geminiano Beloso………………………………..	First Assistant Provincial Fiscal
Pedro Sara………………………………………….	Second Assistant Provincial Fiscal
Gregorio Panganiban …………………………..	Assistant Provincial Fiscal
Marcelo T. Lota……………………………………	Assistant Provincial Fiscal
Consuelo H. Caraan…………………………….	Assistant Provincial Fiscal

 

On September 14, 1961 Gregorio
Panganiban, the third ranking assistant provincial fiscal, filed his certificate
of candidacy for representative of the first district of Batangas, thereby
vacating his position (Sec. 26, Revised Election Code). In view of the vacancy
thus created, on May 16,
1963 the
Secretary of Justice issued Administrative Order 187 designating respondent
Carmelo Q. Quizon as “acting assistant provincial fiscal” of Batangas,
thus:

“In the interest of the public
service and pursuant to the provision of Section 1679 of the Revised
Administrative Code, as amended, Mr. Carmelo Quizon, Special Counsel in the
Office of the Provincial Fiscal of Batangas, is hereby designated Acting
Assistant Provincial Fiscal of the same province, with compensation as provided
for by law, effective immediately and to continue until a regular incumbent is
appointed or until further orders.”

On June 22,
1963,
Congress approved Republic Act 3719, to take effect on July 1 of the same year,
fixing the salaries of provincial and city fiscals and their assistants, as
follows:

“SEC. 3. The annual salaries of
provincial and city fiscals, city attorneys and their assistants shall be as
hereinbelow fixed: x x x (b)

In first class provinces and in
first class cities that have obtained during the next preceding fiscal year a
total annual revenue of one million five hundred thousand pesos or more but less
than five million pesos: For the provincial and city fiscals, eleven thousand
four hundred pesos; for the first assistant provincial and city fiscals, nine
thousand pesos; for the second assistant provincial and city fiscals, eight
thousand one hundred pesos; for the third assistant provincial and city fiscals,
seven thousand two hundred pesos; for the fourth assistant provincial and city
fiscals, six thousand six hundred pesos; and for the fifth and remaining
assistant provincial and city fiscals, six thousand three hundred
pesos;

x x x

“SEC. 5. * * * the incumbent
provincial and city officials and their assistants mentioned in this Act, whose
appointments have already been confirmed by the Commission on Appointments of
the Congress of the Philippines prior to the approval of this Act, shall
automatically be entitled to the benefits of this Act, without further need of
another appointment and confirmation; Provided, That no incumbent provincial and
city officials or any of their assistants shall suffer any diminution in their
salaries by virtue of the provisions hereof; Provided, further, That nothing
herein provided shall be construed as creating new positions which on the
approval of this Act are not authorized by law or ordinance. x x
x

“SEC, 9. All Acts, executive
orders, administrative orders, rules and regulations or parts thereof,
inconsistent with any of the provisions of this Act, are hereby repealed or
modified accordingly” (Underscoring ours)

At the time of the effectivity of
said Republic Act 3719, the aforementioned Administrative Order 149 issued by
the Secretary of Justice on September 26,
1957
establishing the order of rank of assistant provincial fiscals was still in
force; and the plantilla for the Office of the Provincial Fiscal of Batangas
read as follows:

1) Benedicto M. Sanchez………………………….	Provincial Fiscal
2)Geminiano Beloso………………………………..	First Assistant Provincial Fiscal
3)Pedro Sara………………………………………….	Second Assistant Provincial Fiscal
4) (VACANT) Carmelo Q. Quizon……………….	Acting Assistant Provincial Fiscal
5)Marcelo T. Lota……………………………………	Assistant Provincial Fiscal
6)Consuelo Caraan-Medina……………………..	Assistant Provincial Fiscal

 

On April 13, 1964 the President
submitted to the Commission on Appointments the nomination of respondent Carmelo
Q. Quizon as “third assistant provincial fiscal” of Batangas, and the same was
confirmed by the Commission on April 30, 1964 notwithstanding petitioner’s
opposition (Annex H to Second Amended Petition) filed with the Commission,
claiming that the position of “third assistant provincial fiscal” of Batangas
was not vacant as Marcelo T. Lota had automatically assumed said position by
operation of the aforesaid Republic Act 3719 effective July 1,
1963.

The vital issue posed in this
proceeding is: has the petitioner shown a clear right to the position of third
assistant provincial fiscal of Batangas?

As already stated, the
petitioner’s present theory is that respondent Quizon’s appointment as “third
assistant provincial fiscal” of Batangas was null and void, and that she is the
rightful occupant of that position. Her syllogism runs as follows: When Gregorio
Panganiban, who was the third ranking assistant provincial fiscal of Batangas,
vacated his position on September 14, 1961, the petitioner ascended the scale of
rank established by the Department of Justice and thus took over Panganiban’s
position as the third ranking assistant provincial fiscal of Batangas; when
respondent Quizon was designated “acting assistant provincial fiscal” on May 16,
1963, the latter assumed in an acting capacity, not the position of third
ranking assistant provincial fiscal, but the position of fifth ranking assistant
provincial fiscal, which was the only position then vacant; upon the effectivity
on July 1, 1963 of Republic Act 3719 “ which raised the salaries of the “first”
to the “fifth” assistant provincial fiscals of Batangas with a proviso to the
effect that the incumbent assistant provincial fiscals “whose appointments have
already been confirmed by the Commission on Appointments . . . prior to the
approval of this Act, shall automatically be entitled to the benefits of this
Act, without further need of another appointment and confirmation” the
petitioner automatically assumed the position of the “third assistant provincial
fiscal” stated in said Republic Act and thus became entitled to the emoluments
therein fixed for said position; therefore, when respondent Quizon was
subsequently appointed on April 30, 1964 as “third assistant provincial fiscal”
of Batangas, his appointment as such was null and void because the position to
which he was appointed was then already occupied by the
petitioner.

In quo warranto proceedings, the person
suing must show that he has a clear right to the office allegedly usurped or
unlawfully held by another (Castro vs. Solidum, L-7750, June 30, 1955; Batario,
Jr. vs. Parentela, Jr., L-20485, Nov. 29, 1963). Here, there is no such showing.
The petitioners argument is flawed by the assumption that when Gregorio
Panganiban, who was the third ranking assistant provincial fiscal of Batangas
according to the order of rank established by the Department of Justice, vacated
his position on September 14, 1961, the petitioner automatically assumed
Panganiban’s position and thus became the third ranking assistant provincial
fiscal. Granting, in gratia
argumentis. that succession in office to the next higher rank takes
place automatically, then, upon the vacation by Gregorio Panganiban of his
position as the third ranking assistant provincial fiscal of Batangas, the
person who automatically succeeded to that position or rank is Marcelo T. Lota,
who was the fourth ranking assistant provincial fiscal at the time, and not the
petitioner who was then the fifth ranking assistant. Yet, unless otherwise
provided by law, succession in office to the next higher rank or position is not
automatic but requires official action by the authorities concerned; as far as
the case at bar is concerned, we are not cognizant of any provision of law, or
any administrative order or regulation for that matter, effecting an
exception.

We therefore reject the
proposition that when Gregorio Panganiban left his position as the third ranking
assistant provincial fiscal of Batangas, that position or rank was automatically
assumed by the petitioner. And with this, the petitioner’s thesis that
respondent Quizon’s appointment as “third assistant provincial fiscal” of
Batangas was null and void because the petitioner was at the time already
occupying that position, loses persuasion.

ACCORDINGLY, the present petition is
dismissed, at petitioners cost.

Concepcion, C.J., Reyes, J. B.
L., Dizon, Regala, Bengzon, J. P., Zaldivar and Sanchez, JJ., concur.