GR L 2351; (May, 1949) (Digest)
G.R. No. L-2351; May 31, 1949
FRANCISCO ARGOS, petitioner, vs. DOMINADOR VELOSO, THE SECRETARY OF JUSTICE and THE JUDGE OF COURT OF FIRST INSTANCE OF CEBU, respondents.
FACTS
Petitioner Francisco Argos was the pre-war justice of the peace of Opon, Cebu. After liberation, he resumed his position under a temporary appointment on April 10, 1945. He was later replaced by several individuals, lastly by respondent Dominador Veloso on October 15, 1946. Argos filed a quo warranto action on July 12, 1948, seeking reinstatement and ouster of Veloso. During the interim, from October 26, 1946, to January 24, 1948, Argos worked as a skilled laborer and clerk-typist with the Surplus Property Commission and surrendered his GSIS policies for cash value on February 12, 1947.
ISSUE
Whether the petitioner’s action for quo warranto is barred by prescription and whether he abandoned his office.
RULING
Yes, the petition is dismissed. The action is barred by prescription under Rule 68, Section 16 of the Rules of Court, which requires that such actions be commenced within one year after the cause of ouster or the right to hold office arises. Even assuming the ouster date was October 15, 1946, the petition filed on July 12, 1948, was beyond the one-year period. Additionally, the petitioner abandoned his office by accepting incompatible employment with the Surplus Property Commission, which prevented him from performing his judicial duties, and by surrendering his GSIS policies. Economic necessity does not excuse abandonment. The defenses of prescription and abandonment are valid.
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