GR 106677; (July, 1993) (Digest)
G.R. No. 106677 & G.R. No. 106696 July 23, 1993
HERMOGENES P. POBRE, petitioner, vs. MARIANO E. MENDIETA and HON. CORONA IBAY-SOMERA in her capacity as Presiding Judge of Branch 26, Regional Trial Court of Manila, respondents.
FACTS
On January 2, 1992, the term of PRC Commissioner/Chairman Julio B. Francia expired. At that time, Mariano A. Mendieta was the senior Associate Commissioner and Hermogenes P. Pobre was the second Associate Commissioner. On February 15, 1992, President Corazon C. Aquino appointed Associate Commissioner Pobre as the new PRC Commissioner/Chairman. Mendieta filed a petition for quo warranto, claiming he succeeded Francia as Chairman by operation of law under Section 2 of P.D. No. 223, which states: “any vacancy in the Commission shall be filled for the unexpired term only with the most Senior of the Associate Commissioners succeeding the Commissioner at the expiration of his term, resignation or removal.” The Regional Trial Court, presided by Judge Corona Ibay-Somera, decided in favor of Mendieta, annulling Pobre’s appointment and enjoining him from discharging his duties. Pobre elevated the case to the Supreme Court.
ISSUE
Whether the provision in Section 2 of P.D. No. 223, stating “any vacancy in the Commission shall be filled for the unexpired term only with the most Senior of the Associate Commissioners succeeding the Commissioner at the expiration of his term, resignation or removal,” mandates that the senior Associate Commissioner automatically succeeds to the position of Commissioner/Chairman upon the latter’s retirement, or whether the President retains the appointing power to fill the vacancy.
RULING
The Supreme Court GRANTED the petition, ANNULLED and SET ASIDE the RTC decision and writ of prohibitory injunction, and declared the appointment of Hermogenes P. Pobre as lawful. The Court held that the appointing power of the President under the Constitution is not restricted by the cited provision of P.D. No. 223. The provision was interpreted to mean that a senior Associate Commissioner may succeed the Commissioner only for the unexpired portion of the latter’s term in cases of vacancy due to resignation, removal, or death before the term’s expiration. It does not apply when the Commissioner completes his full term. To avoid absurdity and align with the law’s spirit of staggering terms, the word “at” in the phrase “succeeding the Commissioner at the expiration of his term” was construed to mean “until.” Therefore, the President validly exercised her constitutional power to appoint Pobre as the new Commissioner/Chairman upon the expiration of Francia’s term.