G.R. No. L-1925; September 16, 1948
FLAVIANO MEJIA, TEOFILO P. GUADIZ, RUPERTO Z. TANDOC and POLICRONIO DE VENECIA, petitioners, vs. PEDRO U. BALOLONG, RICARDO VILLAMIL, TORIBIO QUIMOSING and CRISOLOGO ZARATE, respondents.

FACTS

Petitioners were elected as councilors of Dagupan in the general election of November 11, 1947. Respondents, who lost in that election, were subsequently appointed as councilors by the President on December 30, 1947. The legal dispute centers on the validity of these appointments. The City of Dagupan was created by Act No. 170, which took effect on June 20, 1947. However, its city government was organized only on January 1, 1948, via Executive Order. Respondents argue the “next general election” for city councilors, under the city charter, was in 1951, as the city was not yet organized in November 1947, thus justifying presidential appointment. Petitioners contend the city was legally created upon the law’s effectivity, making the November 1947 election the proper time to elect councilors.

ISSUE

Whether the President had the authority to appoint the respondents as city councilors after the November 1947 general election, or whether the petitioners, elected in that election, are the rightful holders of the offices.

RULING

The Supreme Court ruled in favor of the petitioners. The City of Dagupan was created and came into existence as a legal entity on June 20, 1947, upon the effectivity of Act No. 170. The subsequent organization of its city government on January 1, 1948, was a separate administrative act to enable the city to function. Consequently, the “next general election” referred to in the city charter for electing councilors was the one held on November 11, 1947. Therefore, the petitioners, having been duly elected in that election, are entitled to the offices. The presidential appointments of the respondents, made after that election, were null and void.

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