G.R. No. 32558, October 15, 1930
VENANCIO SAN GABRIEL, petitioner-appellant, vs. MIGUEL RIOS, respondent-appellee.

FACTS

Venancio San Gabriel filed a quo warranto petition against Miguel Rios to recover the office of Chief of Police of General Trias, Cavite. San Gabriel alleged that he was appointed to the position on October 28, 1928, after Rios was removed from his temporary appointment. He assumed office and served until March 1, 1929, when Rios, having been reappointed by the Provincial Board of Cavite, ousted him. Rios defended his appointment, arguing that San Gabriel’s appointment was never legally effective because it was disapproved by the municipal council on the same day it was made. The parties submitted a stipulation of facts confirming that the municipal council disapproved San Gabriel’s appointment and referred the dispute to higher authorities.

ISSUE

Whether San Gabriel acquired a legal right to the office of Chief of Police, thereby entitling him to maintain a quo warranto action against Rios.

RULING

No. The Supreme Court affirmed the dismissal of San Gabriel’s petition. Under Section 2259 of the Administrative Code, as amended, the appointment of a chief of police by the municipal president requires the consent of the municipal council. The appointment does not become valid until approved by the council. Since it was stipulated that San Gabriel’s appointment was disapproved by the council on the day it was made, he never acquired a legal right to the office. Consequently, he lacked the requisite interest to institute a quo warranto proceeding. The Court found it unnecessary to address the other assigned errors regarding the legality of Rios’s appointment or the provincial board’s authority under Section 2259.