AGUSTIN B. DOCENA, PETITIONER, VS. THE SANGGUNIANG PANLALAWIGAN OF EASTERN SAMAR, GOVERNOR LUTGARDO B. BARBO, VICE GOVERNOR CAMILO A. CAMENFORTE, BOARD MEMBERS MARCOS ALIDO, NON…

Docena versus Sangguniang Panlalawigan of Eastern Samar

The Case

This is a special civil action for mandamus brought by Agustin B. Docena against the Sangguniang Panlalawigan of Eastern Samar, Governor Lutgardo B. Barbo, Vice Governor Camilo A. Camenforte, and several board members, to compel them to recognize and admit him as a lawfully appointed member of the provincial board. The case matters because it settles who holds the power to fill a permanent vacancy in a local sanggunian, and it teaches that a local legislative body cannot sit in judgment over the appointment made by the appointing authority. It is a study in the nature of a public office, the completeness of an appointment once accepted, and the correct remedy to test a title to office.

Procedural History

The petitioner went directly to the Supreme Court by a petition for mandamus, asking that the respondents be compelled to recognize and admit him as a member of the Sangguniang Panlalawigan of Eastern Samar, and further asking that they be held officially and personally liable in damages for refusing to do so. The Court issued a temporary restraining order on January 31, 1991, enjoining both Docena and Alar from assuming the office pending resolution of the case. The Court resolved the petition in a single original action, treating it in the alternative as a petition for quo warranto, and granted the relief prayed for.

Facts

Luis B. Capito, an elected member of the Sangguniang Panlalawigan of Eastern Samar, died in office. On November 19, 1990, Secretary Luis T. Santos of the Department of Local Government appointed Agustin B. Docena to succeed him. Docena took his oath of office before Speaker Ramon V. Mitra on November 22, 1990, and assumed office on November 26, 1990.

The record does not show why, but on November 27, 1990, Secretary Santos appointed Socrates B. Alar to the very same position. On December 18, 1990, the Sangguniang Panlalawigan passed a resolution recognizing Alar rather than Docena as the legitimate successor of the late board member. The next day, Secretary Santos recalled Alar's appointment, and on January 4, 1991, a first indorsement declared that Docena's appointment stands and should be recognized. The Sangguniang Panlalawigan responded with a resolution reiterating its recognition of Alar and declaring the recall order to have no legal basis. The provincial prosecutor also opined that the recall was void from the beginning because Alar's right to the office had become vested.

On February 20, 1991, Secretary Santos issued another recall order, this time addressed to Docena, recalling his appointment and directing him to turn over the office to Alar. Docena then came to the Supreme Court.

Issues

• Whether or not the appointment of Docena on November 19, 1990, was valid and permanent, such that it could not be recalled and replaced to accommodate Alar.
• Whether or not the Sangguniang Panlalawigan had the authority to pass upon the validity of the appointment made by the Secretary of Local Government.
• Whether or not mandamus, rather than quo warranto, is the proper remedy to compel the respondents to recognize and admit Docena.
• Whether or not the respondents are liable in damages for refusing to recognize the petitioner.

Applicable Provisions

Section 50 of the Local Government Code provides:

Section 50. Permanent Vacancies in Local Sanggunians. In case of permanent vacancy in the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, or sangguniang barangay, the President of the Philippines, upon recommendation of the Minister of Local Government, shall appoint a qualified person to fill the vacancy in the sangguniang panlalawigan and the sangguniang panlungsod; the governor, in the case of sangguniang bayan members; or the city or municipal mayor, in the case of sangguniang barangay members. Except for the sangguniang barangay, the appointee shall come from the political party of the sanggunian member who caused the vacancy, and shall serve the unexpired term of the vacant office.

This provision governs the filling of the permanent vacancy caused by the death of Capito, and it fixes the appointing authority, the political party requirement, and the duration of the appointee's service.

Ruling

On the first issue, the Court held that the appointment extended to Docena on November 19, 1990, was intended to be permanent, to fill the permanent vacancy caused by Capito's death, and was to be valid for the unexpired portion of the deceased member's term. The appointment had been accepted by Docena, who had already assumed office. For all legal intents and purposes, his appointment had become complete and enforceable at the time it was supposedly superseded. The Court declared that Docena had already acquired security of tenure and could be removed only for the causes and conformably to the procedure prescribed by the Local Government Code. These requirements could not be circumvented by the simple process of recalling his appointment. The Court noted that no reason was given for the recall, and that this is not the way things are done in a democracy.

On the second issue, the Court held that the Sangguniang Panlalawigan had no authority to review and reject the Secretary's appointment. Mandamus is employed to compel the performance of a ministerial duty to which the petitioner is entitled. The respondents asserted a discretion to review the Secretary's appointment, but they had no such authority. Faced with a strictly legal question, they had no right and competence to resolve it in their discretion. What they should have done was reserve their judgment, leaving it to the courts of justice to decide which of the conflicting claims should be upheld. As a local legislative body subject to the general supervision of the President, the Sangguniang Panlalawigan had no discretion to rule on the validity of the decisions of the Secretary of Local Government acting as her alter ego.

On the third issue, the Court held that even assuming the proper remedy is a petition for quo warranto, the Court may in its own discretion consider the present petition as such. As a petition for quo warranto, it complies with the prescribed requirements, that it be filed on time and by a proper party asserting title to the office also claimed by the respondent. Acting thereon, the Court held that Docena proved his right to the disputed office and could not be legally replaced by Alar.

On the fourth issue, the Court made no award of damages, there being no sufficient proof to overcome the presumption that the respondents acted in good faith albeit erroneously. Nevertheless, the petitioner is entitled to the payment of the salaries and other benefits appurtenant to the office from the time of his assumption of office and until he is actually admitted or reinstated.

Doctrine

An appointment to a permanent vacancy in a local sanggunian, once issued and accepted and the appointee has assumed office, becomes complete and enforceable, and the appointee acquires security of tenure. He may be removed only for the causes and conformably to the procedure prescribed by the Local Government Code, and not by the simple expedient of recalling the appointment. A local legislative body has no discretion to pass upon the validity of an appointment made by the Secretary of Local Government acting as the President's alter ego; faced with a strictly legal question, it must reserve judgment and leave the matter to the courts. Mandamus lies to compel the performance of a ministerial duty, and where the real purpose is to compel recognition and admission by virtue of a valid appointment, the petition may be treated in the alternative as one for quo warranto.

Disposition

The petition was granted. Docena was declared the lawfully appointed member of the Sangguniang Panlalawigan of Eastern Samar, which was directed to admit or reinstate him, and the temporary restraining order was lifted, with no costs.

Remember This

An appointment to a permanent vacancy in a local sanggunian, once accepted and assumed, is complete and confers security of tenure, and it cannot be undone by a mere recall. Examiners use this case to test the appointing power over local sanggunian vacancies, the ministerial nature of the duty to recognize a validly appointed member, and the propriety of mandamus as against quo warranto.