GR L 6782; (July, 1953) (Digest)
G.R. No. L-6782 July 25, 1953
DOMINADOR JOVER, petitioner, vs. JUAN BORRA, respondent.
FACTS
On February 9, 1953, Dominador Jover was appointed Mayor of Iloilo City, and his appointment was confirmed by the Commission on Appointments on March 23, 1953. On June 27, 1953, the President of the Philippines, through the Secretary to the President, relieved Jover from his office and designated Juan Borra as Acting Mayor. Borra took his oath of office on the same day. Jover filed a petition for quo warranto challenging the legality of his removal and Borra’s designation. The parties agreed to confine the case’s merits to the legality of these acts.
ISSUE
Whether the President has the power to remove the Mayor of Iloilo City at pleasure, or whether the Mayor holds office for a fixed term and can only be removed for cause as provided by law.
RULING
The Supreme Court granted the petition, ruling that the removal of Jover was illegal and unauthorized. The Court held that the legislative department, through Commonwealth Act No. 158 (as amended by Republic Act No. 276 ), provided for a fixed six-year term for the Mayor of Iloilo City. This legislative act is a valid exercise of legislative power. The existence of this fixed term implies that the incumbent shall hold office until its end, subject to removal only for cause as provided by law, and negates any inference of a presidential power to remove at pleasure. The constitutional provision cited by the respondent (Section 1, Article XII) regarding policy-determining, primarily confidential, or highly technical appointments is merely an exception to the rule on appointments based on merit and fitness and does not confer a power of removal at pleasure. Furthermore, the President’s constitutional power of control and general supervision over local governments is to be exercised “as may be provided by law” and does not authorize removal without cause for an official with a fixed term. Since Jover was not removed for cause as required by law, his removal was illegal, and consequently, Borra’s designation as Acting Mayor was also without authority.