G.R. No. L-2431. May 23, 1949.
CEFERINO TAVORA, petitioner, vs. PEDRO OFIANA, respondent.

FACTS

Petitioner Ceferino Tavora served as Justice of the Peace of Bauang, La Union, from November 1937 to December 20, 1941, and continued to serve in various capacities during the Japanese occupation and the liberation period. In February 1946, he received an ad interim appointment as Justice of the Peace of Bauang, but this was disapproved by the Commission on Appointments. Respondent Pedro Ofiana was appointed in his place, and his appointment was confirmed on July 30, 1946. Ofiana took his oath of office on August 3, 1946. On August 18, 1948, Tavora filed a petition for quo warranto, seeking a declaration that Ofiana was illegally occupying the position and for his own reinstatement with back salaries.

ISSUE

Whether Tavora’s action for quo warranto has prescribed.

RULING

Yes, the action has prescribed. The Court, applying Section 16, Rule 68 of the Rules of Court, held that an action against a public officer for usurpation of office must be filed within one year after the usurpation occurs or after the petitioner’s right to hold office arises. Tavora’s cause of action accrued on August 3, 1946, when Ofiana took his oath and allegedly ousted Tavora. The petition filed on August 18, 1948, was beyond the one-year prescriptive period. The argument that the period should be counted from the promulgation of a relevant Supreme Court decision (Tavora vs. Gavina) is untenable. The petition is denied, with costs.

Separate Opinion:
Justice Perfecto dissented, arguing that the one-year period under the Rules of Court cannot deprive Tavora of his constitutional right to remain in his position. He voted to grant the petition.

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