G.R. No. 43811 October 26, 1935
JOSE A. UBALDO, plaintiff-appellee, vs. PATERNO BISCO, defendant-appellant.

FACTS

Rafael Gata was elected municipal president of Matnog, Sorsogon, in June 1934 but was murdered before assuming office. The incumbent, Paterno Bisco, continued to hold the position. The provincial board of Sorsogon, pursuant to its authority under section 2180(c) of the Revised Administrative Code, appointed Jose A. Ubaldo to fill the vacancy. The Secretary of the Interior, however, annulled the appointment and directed the provincial board to appoint Bisco instead, citing a departmental policy that successors should come from the same political faction as the deceased official. Ubaldo filed an action to be declared the rightful holder of the office.

ISSUE

Whether the Secretary of the Interior has the authority to annul an appointment made by a provincial board to fill a vacancy in a municipal office under section 2180(c) of the Revised Administrative Code and to dictate who should be appointed.

RULING

No. The Supreme Court affirmed the trial court’s decision, declaring Ubaldo entitled to the office. The Court held that while the Secretary of the Interior has the discretion to decide whether a vacancy should be filled by appointment of the provincial board or by special election under section 2180(c), the actual choice of appointee rests within the discretionary power of the provincial board. The Secretary’s power of supervision and control under sections 86 and 79(B) of the Revised Administrative Code must be exercised in accordance with law and does not extend to annulling a lawful appointment or compelling the appointment of a specific individual. The departmental policy cited was merely advisory and could not curtail the provincial board’s statutory discretion. Therefore, the Secretary acted without legal authority in annulling Ubaldo’s appointment.

AI Generated by Armztrong.