Menzon v Petilla
G.R. No. 90762. May 20, 1991
Petitioner: Leyte Acting Vice-Governor Aurelio D. Menzon
Respondent: Leyte Acting Governor Leopoldo E. Petilla in his capacity as Chief
Executive of the Province of Leyte and Head of Sangguniang Panlalawigan and
Leyte Provincial Treasurer Florencio Luna
RULING: Petition GRANTED. Petitioner is entitled to additional
compensation when he was appointed as acting vice-governor. (being a de facto
officer, regardless of WON the appointing authority has the legal power to do so,
is one of the argument appreciated in this case)
FACTS
On 1988, no Governor was proclaimed in the province of Leyte. The Secretary of
Local Government designated then Vice-Governor Petilla as the acting Governor,
and then the Senior member of the Sangguniang Panlalawigan Menzon, was also
designated as the acting Vice- Governor. Petitioner Menzon took his oath.
The provincial administrator Quintero inquired from Under Secretary Quintero
the matter of vacancy for Vice-Governor since BP 337 does not provide for any
rule on succession. USec Quintero opined that there is only a temporary vacancy
in the office of Vice-Governor who is temporarily performing the functions of the
Governor. There is no need to appoint an acting Vice Governor since the
Respondent could concurrently assume the functions of both offices.
As a result, the Sangguniang Panlalawigan (SP) issued Resolution No. 505 where
it held invalid the appointment of the petitioner as acting Vice-Governor of Leyte
since there was no permanent vacancy of the said office.
Petitioner’s side sought clarification from USec Rubillar which the latter
explained that: the appointment of Menzon does not contradict his earlier stand.
That despite it not being necessary, the appointment of Menzon to perform
additional functions as the acting Vice-Governor is not invalid. He further asked
the SP to correct their previous Resolution which tend to discredit Menzon’s
appointment as well as his right to additional compensation.
SP refused to correct the earlier Resolution as well as to pay Menzon the
emoluments attached to the Office of the Vice-Governor.
Petitioner then filed a petition for certiorari and mandamus for the nullification
of Resolution no. 505 and payment for his services as the acting Vice-Governor of
Leyte.
During the pendency of the petition, the provincial treasurer of Leyte allowed the
payment to the petitioner his salary as acting Vice-Governor.
Respondent Petilla then issued another resolution ordering Menzon to pay back
all the emoluments and compensation he received while acting acting Vice-
Governor
ISSUES
1. Whether or not Petitioner is entitled to the emoluments for his services
rendered as designated acting vice-governor under the principles of good
faith, simple justice and equity – YES
RATIO
The controversy basically revolves around two issues: 1) WON there was a
vacancy; and 2) WON the Secretary of Local Government has the authority to
make temporary appointments. Court held YES for both instances.
RESPONDENT’S ARGUMENT:
There was no vacancy and that the power to appoint is not vested with the
Secretary of Local Government. Since there was no provision in the Local
Government Code on the mode of succession in case of a temporary vacancy of
vice-governor, then it constitute and internal problem that only SP could resolve.
COURT:
The law of public officers are clear on the matter. There is not vacancy whenever
the office is occupied by a legally qualified incumbent. A sensu contrario, there is
vacancy when there is no person lawfully authorized to assumed and exercise at
present the duties of the office.
Applying the definition of vacancy to this case, it can be readily seen that the
office of the Vice-Governor was left vacant when the duly elected Vice-Governor
was appointed as Acting Governor. There is no satisfactory showing that Petilla,
notwithstanding his succession to the Office of the Governor, continued to
simultaneously exercise the duties of the vice-Governor. The nature of the duties
of a Provincial Governor call for a full-time occupant to discharge them. More so
when the vacancy is for an extended period. Precisely, it was Petilla’s automatic
assumption of Governorship that resulted to the vacancy in the Office of the Vice-
Governor.
The Local Government Code is silent on the mode of succession in the event of
temporary vacancy in the office of Vice-governor. However, the silence of the law
must not be understood to convey that a remedy in law is wanting. Under the
circumstances of this case and considering the silence of the Local Government
Code, the court rules that, in order to obviate the dilemma resulting from an
interregnum created by the vacancy, the President, acting through her alter ego,
the Secretary of Local Government, may remedy the situation. The exigencies of
public service demands nothing less than the immediate appointment of an acting
vice-governor.
The court also appreciated the fact that under Commonwealth Act no. 588 and
the Revised Administrative code, the President is empowered to make temporary
appointments in certain public offices, in case of any vacancy that may occur.
Albeit these laws only pertains to appointive positions, the court finds no cogent
reason not to apply same principle in the present case.
A vacancy creates an anomalous situation and finds no approbation under the law
for it deprives the constituents of their right of representation and governance in
their own local government.
Since the appointment of the petitioner is in full accord with the intent behind the
Local Government Code, the petitioner’s right to be paid the salary attached to
the Office of the Vice Governor is indubitable.
And finally, even granting that the president, acting through the
Secretary of Local Government, possesses no power to appoint the
petitioner, at the very least, the petitioner is a de facto officer entitled to
compensation.
There is a color of validity in the appointment since it was the president’s ego
which appointed him and that he took his oath of office before senator Romulo in
the office of the Department of Local Government Regional Director Res
Salvatierra. The respondent also acknowledged the validity of the appointment
and dealth with him as such. It was only when the Resolution no. 505 was passed
by the same persons which previously recognized Menzon that the validity of the
appointment of the petitioner was made an issue and the recognition withdrawn.