G.R. No. 39224 ; October 24, 1933
SIMPLICIO SERAFIN, plaintiff-appellee, vs. JUSTO C. CRUZ, defendant.

FACTS

Simplicio Serafin, the Chief of Police of Quiñgua, Bulacan, was administratively charged. The municipal council initially exonerated him. The complainant appealed to the provincial board, which, on October 3, 1931, ordered Serafin’s dismissal. The municipal president then dismissed Serafin and appointed Justo C. Cruz as the new chief of police. Cruz’s appointment was confirmed by the municipal council, and he qualified and assumed office. On October 29, 1931, Serafin filed a motion for reconsideration with a newly constituted provincial board (the members of the previous board had expired). The new board granted the motion, exonerated Serafin, and ordered his reinstatement. Serafin then filed a quo warranto action to oust Cruz and be reinstated. The Court of First Instance ruled in favor of Serafin.

ISSUE

Whether a quo warranto proceeding lies to oust a duly appointed, qualified, and acting chief of police in order to reinstate a previously dismissed official, after a new provincial board reverses the dismissal order of the previous board.

RULING

No. The Supreme Court reversed the lower court’s decision and dismissed the quo warranto proceedings. Cruz, having been permanently appointed to fill a vacancy created by a legal dismissal order, qualified, and entered upon his duties, acquired a vested right to the office. He could only be removed for specific causes and through the procedures established by law (Sec. 2272 of the Administrative Code). The reinstatement of a previously dismissed official is not one of the lawful grounds for removing a duly appointed successor. Therefore, the extraordinary remedy of quo warranto was not available to oust Cruz and reinstate Serafin.

AI Generated by Armztrong.