G.R. No. L-2061. December 14, 1948.
DOMINGO B. MADDUMBA, Justice of the Peace of Solano and Bagabag, Nueva Vizcaya, petitioner, vs. ROMAN OZAETA, in his capacity as Secretary of Justice and RAFAEL DE GUZMAN, respondents.

FACTS

Petitioner Domingo B. Maddumba was the duly appointed and confirmed Justice of the Peace of Solano and Bagabag, Nueva Vizcaya, since 1946. Respondent Rafael de Guzman was the pre-war incumbent of the same position. De Guzman left his post in 1941 to join the Philippine Constabulary and later the Philippine Army, serving until his demobilization in 1947. He then sought reinstatement to his old position under Commonwealth Act No. 1 (National Defense Act) and Republic Act No. 65 (Philippine Army Bill of Rights). The Secretary of Justice issued Administrative Order No. 13, reinstating De Guzman and ordering Maddumba to vacate the office. Maddumba filed this petition to annul the order and restrain its enforcement.

ISSUE

Whether respondent Rafael de Guzman is entitled to reinstatement to the position of Justice of the Peace of Solano and Bagabag.

RULING

No. The Supreme Court ruled that De Guzman lost his right to the position. First, Section 49 of Commonwealth Act No. 1, which protects government employees called for military training, applies only to temporary absences for short-term training, not to permanent separation for regular military service over a long period, as in De Guzman’s case. Second, De Guzman forfeited any claim to the appointive office when he filed a certificate of candidacy for an elective position (Vice-Mayor) in 1947, pursuant to Section 26 of Republic Act No. 180 (Election Code). Third, applying Republic Act No. 65 to oust the incumbent Maddumba, who had already qualified and assumed office, would violate the constitutional guarantee of tenure for judicial positions. The Administrative Order was declared void as to Maddumba, who was upheld as the lawful Justice of the Peace. The preliminary injunction was made permanent.

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