GR 90762; (May, 1991) (Digest)
G.R. No. 90762; May 20, 1991
LEYTE ACTING VICE-GOVERNOR AURELIO D. MENZON, petitioner, vs. LEYTE ACTING GOVERNOR, LEOPOLDO E. PETILLA in his capacity as Chief Executive of the Province of Leyte and Head of SANGGUNIANG PANLALAWIGAN and Leyte Provincial Treasurer FLORENCIO LUNA, respondents.
FACTS
In February 1988, Vice-Governor Leopoldo E. Petilla was designated Acting Governor of Leyte due to an unresolved electoral contest for Governor. Consequently, the Secretary of Local Government designated petitioner Aurelio D. Menzon, a senior Sangguniang Panlalawigan member, as Acting Vice-Governor in March 1988. Menzon took his oath and performed the duties of the office. However, in July 1989, the Sangguniang Panlalawigan, upon an initial opinion from a Department of Local Government undersecretary, passed a resolution declaring Menzon’s designation invalid and refusing to recognize him. Despite a subsequent clarificatory letter from the same undersecretary upholding the necessity of the designation given the peculiar circumstances, the provincial officials refused to pay Menzon the salary for the office.
ISSUE
Whether petitioner Aurelio D. Menzon is entitled to receive the salary and emoluments attached to the Office of the Vice-Governor for the period he actually discharged its duties.
RULING
Yes, the petitioner is entitled to compensation. The Court, upon reconsideration, held that the designation was valid and necessary. While the Local Government Code (B.P. 337) was silent on temporary vacancies in the Office of the Vice-Governor, the mode of succession for permanent vacancies could be applied by analogy. The Secretary of Local Government correctly designated the senior board member, Menzon, to ensure the continuity of government functions during the prolonged gubernatorial contest. Furthermore, the petitioner is, at the very least, a de facto officer. He assumed office under color of a known appointment from the President’s alter ego, took his oath, and performed the duties with public acquiescence for a significant period. Based on public policy and justice, a de facto officer is entitled to compensation for services actually rendered. Therefore, Menzon must be paid, provided the total compensation does not exceed the salary authorized for the Vice-Governor, in accordance with the prohibition against double compensation. The motion for reconsideration was granted.