MENZON V PETILLA, G.R. NO. 90762, 1991 Gutierrez, Jr.

, J: Facts: On February 16 1988, No governor had been proclaimed for Leyte so the DILG Secretary designated vice-governor, Leopoldo Petilla, as acting governor. On March 25 1988, DILG Secretary also designated a senior member of the Sangguniang Panlalawigan, Auerlio Menzon, to act as vice-governor. On May 1989, Provincial Administrator Quintero inquired as to the legality of the appointment of Menzon. DILG Undersecretary replied that in case of a temporary vacancy, the appointment of Menzon was unnecessary since Petilla could concurrently assume the functions of both offices (governor and vice governor). The SP issued Resolution No. 505 where it held invalid the appointment of Menzon. Menzon sought clarification and DILG Undersecretary explained that the necessity of designating an official will depend on the circumstances and he has found that Menzon should act as vice governor temporarily; hence, ordered the SP to modify its resolution. The SP and Petilla refused to correct the resolution. Menzon filed a petition for certiorari and mandamus. Adelina Larrazabal was proclaimed governor of Leyte. During the pendency of the petition. Payment was allowed to Menzon as acting vice-governor. The Court eventually dismissed the case. Petilla requested Larrazabal to direct Menzon to pay back the province all the compensation he received as acting vice governor. Menzon filed this MR. Issue/s & Held: (I) WON there was a vacancy? YES There is a vacancy when there is no person lawfully authorized to assume and exercise at present the duties of the office. In this case, the office of the vice governor was left vacant when Petilla was appointed acting governor. Also, there is no showing that Petilla continued to simultaneously exercise the duties of the vice-governor. (II) WON the DILG Secretary has the authority to make temporary appointments? YES The LGC is silent on the mode of succession in the event of a temporary vacancy in the office of the vicegovernor. However, this does not mean that a remedy is wanting. The president, acting through her alter ego, the Secretary of Local Government, may remedy the situation; hence, the temporary appointment of Menzon is valid. The exigencies of public service demanded nothing less than

the immediate appointment of an acting vice-governor. It was best for Leyte to have a full-time governor and an acting vice governor. Disposition: Motion for Reconsideration is granted