G.R. No. 96817 ; July 25, 1991
AGUSTIN B. DOCENA, petitioner, vs. THE SANGGUNIANG PANLALAWIGAN OF EASTERN SAMAR, GOVERNOR LUTGARDO B. BARBO, VICE GOVERNOR CAMILO A. CAMENFORTE, BOARD MEMBERS MARCOS ALIDO, NONATO GERNA, ISMAEL KHO, MARCELINO C. LIBANAN, NICOLAS PIMENTEL, GENEROSO YU and ATTY. SOCRATES B. ALAR, respondents.

FACTS

The case involves a dispute over a vacancy in the Sangguniang Panlalawigan of Eastern Samar (SPES) caused by the death of member Luis B. Capito. Petitioner Agustin B. Docena was appointed to the position by DILG Secretary Luis T. Santos on November 19, 1990. Docena took his oath and assumed office. However, on November 27, 1990, Secretary Santos issued another appointment for the same position to private respondent Socrates B. Alar. The SPES subsequently passed a resolution recognizing Alar as the legitimate successor.
Secretary Santos then recalled Alar’s appointment on December 19, 1990, reinstating Docena, but later reversed himself and recalled Docena’s appointment on February 20, 1991, in favor of Alar. The SPES, through its resolutions, asserted its authority to decide between the two claimants and refused to recognize Docena’s appointment despite the Secretary’s initial actions.

ISSUE

The primary issue is whether the Sangguniang Panlalawigan has the authority to review and reject an appointment made by the Secretary of the Department of Local Government, and whether mandamus is the proper remedy to compel the SPES to recognize Docena.

RULING

The Supreme Court ruled in favor of petitioner Docena. The Court held that the SPES, as a local legislative body under the general supervision of the President, has no discretion to review or reject the validity of an appointment made by the Secretary of the DILG, who acts as the President’s alter ego in such matters. The duty to recognize an appointee duly appointed by the proper authority is ministerial. The SPES exceeded its authority by attempting to adjudicate the conflicting claims; it should have deferred to the courts for a judicial resolution.
Regarding the proper remedy, while the respondents argued that quo warranto was appropriate, the Court treated the petition for mandamus as one for quo warranto in the interest of justice. As such, Docena established a superior claim to the office. His appointment was first in time, and he had already qualified and assumed office before the issuance of Alar’s appointment. The subsequent recall of Docena’s appointment was invalid as it sought to replace him without cause after he had already assumed the position. The Court declared Docena the lawfully appointed member and directed the SPES to admit or reinstate him, with entitlement to back salaries and benefits.