Beruflich Dokumente
Kultur Dokumente
Petitioner then filed a petition for certiorari and mandamus for the nullification The Local Government Code is silent on the mode of succession in the event of
of Resolution no. 505 and payment for his services as the acting Vice-Governor of temporary vacancy in the office of Vice-governor. However, the silence of the law
Leyte. 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
During the pendency of the petition, the provincial treasurer of Leyte allowed the Code, the court rules that, in order to obviate the dilemma resulting from an
payment to the petitioner his salary as acting Vice-Governor. interregnum created by the vacancy, the President, acting through her alter ego,
the Secretary of Local Government, may remedy the situation. The exigencies of
Respondent Petilla then issued another resolution ordering Menzon to pay back 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.