ANICETO SIETE, PETITIONER, VS. SECRETARY OF LOCAL GOVERNMENT LUIS T. SANTOS AND PORFERIO CHIONG, JR., RESPONDENTS.

These eight (8) cases have one main issue in common, which is the
validity of the removal of the petitioners from office due to the reorganization
of the Department of local Government.  Hence, this joint decision.

G.R. No. 82421 – Aniceto
Siete v. Luis. T. Santos

Respondent Secretary of Local Government Luis T. Santos in a
memorandum dated March 11, 1988,
ordered incumbent OIC-Mayor Geofredo Ymalay to turn over the Office of the Mayor to respondent
LGO Porferio Chiong, Jr.
who will act as Officer-in?Charge, Office of the Mayor, Tangub City,
until such time as the duly elected officer shall have qualified thereto (Rollo, p. 13). 
However, petitioner Aniceto Siete, the duly proclaimed Vice-Mayor of Tangub in the 1988 local election and presently discharging
the function of said office,
believes that he is the one legally entitled to discharge the functions of
Mayor in case of vacancy pursuant to Section 172 of the Local Government Code
regardless of whether the vacancy is permanent or temporary.  Hence, he filed this special civil action for
certiorari and prohibition with prayer for preliminary injunction
praying, among others, that he be declared lawfully mandated to assume and to
discharge the duties of the Office of the Mayor of Tangub
City while the pre-proclamation controversy involving the said office remain
unresolved, and until the duly elected Mayor shall have qualified thereto.

G.R. No. 83019 – Balt et al. vs. Santos

Petitioner Bayan G. Balt
was designated on September 16, 1986 as Member of the Lupong Tagapagpaganap ng Pook (LTP), Regional
Autonomous Government, Region XII, by then Secretary of Local Government Aquilino Q. Pimentel, Jr. (Rollo,
Annex “A”; p. 17).  He has been
serving for over one (1) year as member of the LTP inthe
Regional Autonomous Government in Region
XII until the designation in his
stead on January 12, 1988
of respondent Dr. Ali Basher Lucman as Officer-in-Charge of said office, by
now respondent Secretary of Local Government Luis T. Santos (Rollo, Annex “B”, p. 18).  On the other hand, petitioner Diego M. Palomares, Jr., was designated on September 12, 1986 as
Member of the Sangguniang Pampook
(Regional Assembly) in Autonomous Region XII, also by then Secretary of Local
Government Aquilino Q. Pimentel, Jr. (Rollo,
Annex “C”, p. 19) and
has been serving over one (1) year as such until the designation in
his stead on December 29, 1987
of respondent Banasing Macarambon,
Jr., also by now respondent
Secretary of Local Government Luis T. Santos (Rollo,
Annex “D”, p. 21).  The
designation of petitioners Balt and Palomares to their respective positions on September 16,
1986 and September 12, 1986 were made within one (1) year from February 25,
1986, as provided for in Section 2, Article
III of Proclamation No. 3 (otherwise known as
the “Freedom Constitution”)
promulgated on March 25, 1986 (Rollo, Petition, p. 5).  On the other hand, the designations of
respondents Lucman and Macarambon,
Jr. on January 12, 1988 and December 29, 1987, respectively, were made after the
ratification of the 1987 Constitution on February 2, 1987 (Ibid.).  Failing to secure remedy from the Office of
the President regarding their ouster from their respective positions (Rollo, Annex “G”, pp. 27-31), they filed a
petition for quo warranto with this
Court to annul the memorandum issued by Secretary Luis T. Santos designating private respondents to their above-mentioned
positions.

G.R.
NO. 83470 – Jacob Montesa v.
Santos, et al.

On August 28, 1986,
Minister Aquilino Q. Pimentel, Jr., appointed Atty.
Jacob F. Montesa to replace Atty. Delfin
Samson as Legal Counsel of the Ministry of Local Government (Rollo, Annex “D”, p. 19).  On April 8, 1988, respondent Secretary Luis T.  Santos
issued Department Order No. 88-116
designating respondent Nicanor M. Patricio as Chief of the Legal Service, in his
stead.  Atty. Jacob F. Montesa,
was directed to report to the Office of the Secretary to perform special
assignments under the direction of the Secretary (Rollo
Annex “A”, p. 16).  Aggrieved
by his removal from office, petitioner Jacob F. Montesa
filed a request for reconsideration of the Department Order which was rendered
moot with the appointment of respondent Nicanor Patricio
as Legal Service Chief of the Department of Local Government, on April 11, 1988 by the President
herself (Rollo, Annex “C”, p. 18).  Hence, a petition for Quo Warranto with preliminary
injunction and/or restraining order seeking to annul the designation and later
the appointment of Mr. Patricio as violative of due process and security of tenure.

G.R.
No. 83654 – De Vera, et al. vs. Santos, et al.

In 1987, the then Metro Manila Governor, Jose D. Lina, Jr., in his separate letters, all dated January 19,
1987, designated petitioners as OIC
Barangay Captains of their respective barangays, replacing private respondents.  The designations were approved by Rodolfo B.
Valentino the then OIC Mayor of Marikina, Metro Manila
(Rollo, pp. 16-19) and they immediately assumed
office.  Private respondents, in a joint
letter-appeal dated March 9, 1987
with the Department of Local Government (DLG), docketed as Adm. Case No. 8-IV-18, assailed the validity and legality of petitioners’
designations and their consequent removal from office.  They prayed for their immediate reinstatement
which was acted on favorably by
respondent Secretary Luis T. Santos, in Memorandum No. 2, dated November 20, 1987 reinstating
private respondents (Ibid., p. 24). 
Respondent Secretary in his resolution of December 9, 1987 (Ibid., pp. 58-63), denied all the requests for reconsideration filed by the
petitioners.  Hence, the instant petition
for quo warranto, with preliminary injunctions seeking to be declared the
duly designated, appointed Barangay Captains.

G.R.
No. 84056 – Cano, et al. vs. Santos, et al.

On October 9, 1986, former Minister of Local Government Aquilino Q. Pimentel, Jr. designated petitioners Benito
Cano, Rogelio Esmele, Ruben Calpo,
Herminigildo Radona, Agripino Saromo, Ernesto Domingo,
Mario de Leon, Jose Orcullo, Guillermo Mendoza and
Andres Reyes as officers-in-charge, offices of the barangay
captains, vice some of the herein respondents in the eleven (11) barangays, City of Olongapo, Zambales (Rollo, p.86).  On April
17-28, 1988, barangay assembly elections
for the offices of the barangay captains were held in said eleven (11) barangays of Olongapo
City, pursuant to Chapter 6, Book
11, Local Government Code, in accordance with the rules and regulations of the Department of Local Government
and under the close supervision of Local Government Officer Ruperto
Ilaya.  On June 27, 1988, Mayor Richard Gordon
of Olongapo
City apprised public respondent
Secretary Luis T. Santos of the results of said barangay
assembly elections naming private respondents as elected barangay
captains. On June 28, 1988,
public respondent issued the questioned memorandum designating respondents as
officers-in-charge, offices of the barangay captains
vice petitioners (Ibid, p. 11). 
Hence, this petition for prohibition and/or quo warranto
with writ of preliminary injunction assailing the validity of said memorandum.

G.R. No. 84212 – Montesa v. Santos,
et al.

On April 8, 1986,
petitioner Felipe F. Montesa was designated as Regional Director, Region X, of
the Ministry of Local Government by then Minister Aquilino
Q. Pimentel effective upon assumption to duty. 
He took his oath and assumed office on April 14, 1986 (Rollo, p.
25).  On May 10, 1986, then Executive Secretary Joker P. Arroyo, by
authority of President Corazon C. Aquino, appointed
petitioner to the position of
Regional Director, Region X, Ministry of Local Government (Ibid., p.
26).  After the ratification of the 1987
Constitution, that, is on July 24,
1987, petitioner was again appointed as Regional Director, Region
X, Department of Local Government, by said Executive Secretary Joker P. Arroyo,
by authority of the President (Ibid., p. 27).  On July 25, 1987, the President by virtue of
her legislative power, promulgated Executive Order No. 262 reorganizing the
Department of Local Government, declaring inter alia,
that all officers and employees of the Department shall upon approval thereof,
be in a hold-over capacity and the incumbents whose positions are abolished or
who are not reappointed shall be deemed separated from the service.  On June
20, 1988, respondent Jaime L. Madridano
was appointed by the President as Regional Director, Region X, vice petitioner (Ibid.) and the
latter was so informed in a memorandum on June 27, 1988 by respondent Secretary Luis T. Santos.  Hence, the instant petition for quo warranto with preliminary injunction and
damages seeking to annul the questioned appointment.

G.R. No. 84865 –
Reyes v. Colet and Santos

On January 14, 1987,
petitioner was appointed by then Officer-in-Charge Mayor of Quezon City, Brigido
Simon, Jr., as Barangay Captain of Barangay UP Campus, Diliman, Quezon City (Rollo,
Annex “A”, p. 11).  He discharged his duties the following day (Rollo,
Petition, p. 4).  On
August 2, 1988,
however, public respondent Luis Santos appointed private respondent Angel V. Colet to the same position occupied by petitioner (Rollo, Annex “B”, p. 12).  Private respondent thereafter immediately
assumed office and started discharging the functions of petitioner (Rollo, Petition, p. 4). 
Hence, this petition for Quo Warranto assailing aforesaid designation.

G.R. No. 86038 – Abueme v. Santos,
et al.

On September 1, 1986,
petitioner was appointed Assistant Director of the Bureau of Local Government
Development (BLGD), then Ministry of Local Government, by then Minister Aquilino Q. Pimentel, Jr., pursuant to Executive Order No.
17 (Rollo, Annex “D”, p. 14).  On the same date, petitioner assumed office (Rollo, Petition, p. 4). 
As earlier stated, on July 25,
1987, the President, by virtue of her legislative power, issued
Executive Order No. 262 otherwise known as the Reorganization Act of the
Department of Local Government.  Pursuant
thereto, on June 20, 1988, the President appointed respondent Geronimo A. Alilio as Assistant Director of BLGD, DLG (Rollo, Annex “B”, pp. 11-12) and was so informed by Secretary Santos (Rollo, Annex “A”, p. 10).  Hence, this petition for quo warranto with preliminary injunction and/or
restraining order seeking to nullify said appointment as violative
of due process and security of tenure.

G.R. Nos. 82421, 83019, 83654, 84056 and 84865, have been
rendered moot and academic by the results of the elections which finally
settled the claims for the contested positions and, therefore, the
corresponding petitions should be dismissed.

In G.R. No. 82421 neither the incumbent Vice-Mayor Aniceto Siete nor the designee
LGO Porfirio Chiong, Jr. can now assume the position of
Mayor which is presently occupied by Eleno Regidor, Jr. the duly elected Mayor of Tangub City, as proclaimed by
the City Board of Governors on May 5,
1988.

In G.R. No. 83019, the contested positions of Members of the Lupong Tagapagpaganap ng Pook (LTP) Regional Autonomous
Government, Region XII have been abolished by the
enactment of R.A. 6734 which took effect on November 19, 1989. 
The elections in the Autonomous Region in Mindanao
were held last February 17, 1990 by virtue of which the members holding such
positions have ceased in their office. 
Accordingly, neither petitioners nor respondents can claim to be
entitled thereto.

In the same manner, the elections for Barangay
Captains have settled the claims for the contested positions, in G.R. No. 83654
where both petitioners and respondents had to give way to the duly elected Barangay Captains in the elections held in March 1989; G.R.
No. 84056 where the ten (10) private respondents were among those elected as barangay captains in eleven (11) barangays
of Olongapo City on April 17-28, 1988; and in G.R.
No. 84865 where petitioner did not run for
election while private respondent ran
but garnered only fifth place and was allocated the position of Kagawad of the Barangay U.P.
Campus.

On the other hand, petitioners assail the validity of the
appointments made by the President of the Philippines in G.R. No. 83470 to Nicanor M. Patricio as Chief Legal Service of the
Department of Local Government vice Jacob F. Montes; in G.R. No. 84212 to Jaime
L. Madridano as Regional Director of Region X, Department of Local
Government (DLG) vice Felipe F. Montesa and in G.R.
No. 86038 to Geronimo A. Alilio as Assistant
Director, Bureau of Local Government (DLG) vice Virgilio
A. Abueme, all allegedly repugnant to and violative of the constitutional guarantees on due process
and security of tenure.

Petitioners’ contentions are impressed with merit.

All of said appointments were made pursuant to Executive Order
No. 262, otherwise known as the Reorganization Act of the Department of Local Government.  It provides among others, that upon approval
of said Order, the officers and employees of the Department shall be in a
hold-over capacity until such time that the reorganization of the Department is
completed and the incumbents whose positions are not included therein shall be
deemed separated from the service.

Thus, petitioners are deemed under said Order to hold office only
in a hold-over capacity and will cease to do so only if their successor is
appointed AND such appointment of the successor and the consequent ouster from
office of the incumbent are made in GOOD FAITH.

Aside from the fact that it is well–settled that the right to hold a public office under our
political system is neither a natural nor a vested right (Aparri
v. Court of Appeals, 127 SCRA 237-238 [1984]; Mechem
“Public Office and Officers”, Sec 64), Section 16, Article XVIII of
the 1987 Constitution explicitly authorizes the removal of career civil service
employees not for cause but as a result of the reorganization pursuant to
Proclamation No. 3 dated March 25, 1986
and the reorganization following the ratification of said Constitution.

In fact, the right of the State to reorganize the Government
resulting in the separation of career civil service employees under the 1987
Constitution is beyond dispute, but as emphasized in the Mison
case (G.R. Nos. 81954, 81967 and 82023, August 8, 1989) and in the cases of Bondoc vs. Sec. of Science and Technology (G.R. No. 83025),
Quisumbing vs. Tupas (G.R.
No. 87401) and Hamed vs. Civil Service Commission
(G.R. No. 89069), all of which having been promulgated on July 19, 1990, said
reorganization, ouster, and appointments of successors must be made in GOOD
FAITH.

PREMISES CONSIDERED, G.R. Nos. 82421, 83019, 83654, 84056
and 84865 are hereby DISMISSED for being moot and academic.  On the other hand, G.R. Nos. 83470, 84212 and 86038 are hereby GRANTED and the petitioners therein are
hereby reinstated to their former position since their ouster was evidently
made not in GOOD FAITH, there being no justifiable reason for their removal
simply because they were in a hold-over capacity.

SO ORDERED.

Gutierrez, Jr., Gancayco, Bidin, Griño-Aquino, Medialdea, and Regalado, JJ., concur.

Fernan, C.J., and Narvasa,
J., joins J. Feliciano in
his dissenting statement.

Melencio-Herrera, J., concur in the dissent of J. Feliciano.

Cruz, J., see separate opinion.

Feliciano, J., see separate dissenting statement.

Padilla, Sarmiento, and Cortes, JJ., in the result.