GR L 1273; (February, 1948) (Digest)
G.R. No. L-1273; February 19, 1948
JOSE F. SINGSION, ETC., recurrente, vs. VICENTE Q. QUINTILLAN Y OTROS, ETC., recurridos.
FACTS
Petitioner Jose F. Singson was appointed Justice of the Peace of Santo Domingo and San Ildefonso, Ilocos Sur, in 1937, which was confirmed by the Commission on Appointments in 1938. He served continuously until the Japanese occupation in December 1941. During the occupation, he was appointed Justice of the Peace of other towns. After liberation, he served under the military government and subsequently under a designation from the President’s Special Delegate. On February 9, 1946, President Osmeña issued him an ad interim appointment to the same pre-war post. This appointment was later submitted to the Commission on Appointments by President Roxas and was disapproved on July 9, 1946. Subsequently, on December 5, 1946, President Roxas issued an ad interim appointment in favor of respondent Vicente Quintillan for the same position. Singson refused to vacate the post and surrender the records, leading Quintillan to complain to the Judge of First Instance, who issued Administrative Order No. 37 to install Quintillan. Singson filed this quo warranto proceeding.
ISSUE
Who has the right to be recognized as the Justice of the Peace of Santo Domingo and San Ildefonso, Ilocos Sur—the petitioner (Singson) by virtue of his 1937 appointment, or the respondent (Quintillan) by virtue of his 1946 ad interim appointment?
RULING
The Supreme Court ruled in favor of petitioner Jose F. Singson. Under Section 9, Article VIII of the Constitution , judges hold office during good behavior until they reach the age of seventy, become incapacitated, or are removed for cause. The Japanese occupation did not dissolve the Republic or automatically terminate the petitioner’s tenure. His acceptance of the new ad interim appointment from President Osmeña in 1946 did not constitute an abandonment of his office under his original appointment; rather, it was an attempt to fortify his position. The subsequent disapproval of that ad interim appointment by the Commission on Appointments did not affect his vested right to the office under the pre-war appointment, from which he had not been lawfully removed. Therefore, Singson is entitled to be declared and recognized as the rightful Justice of the Peace. Administrative Order No. 37 issued to install Quintillan is consequently nullified. No pronouncement as to costs.
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