GR L 3913; (August, 1952) (Digest)
G.R. No. L-3913; August 7, 1952
EULOGIO RODRIGUEZ, SR., plaintiff-appellant, vs. CARLOS TAN, defendant-appellee.
FACTS
Plaintiff-appellant Eulogio Rodriguez, Sr. sought to collect from defendant-appellee Carlos Tan the sum of P18,400 as salaries and allowances and P35,524.55 as damages. Rodriguez alleged that Tan usurped the office of Senator of the Philippines which rightfully belonged to him from December 30, 1947, to December 27, 1949. Rodriguez claimed that Tan, having usurped the office, continuously collected the attendant salaries and emoluments. A protest was filed by Rodriguez against Tan, and on December 16, 1949, the Senate Electoral Tribunal rendered judgment declaring Rodriguez to have been duly elected to the office. Rodriguez also claimed damages for expenses incurred in prosecuting the protest. Tan filed a motion to dismiss, alleging that the judgment of the Senate Electoral Tribunal constituted res judicata and that the Tribunal had denied Rodriguez’s claim for expenses. The Court issued an order dismissing the complaint, from which Rodriguez appealed.
ISSUE
The primary issue is whether defendant Carlos Tan, who was proclaimed elected, took the oath, and discharged the duties of Senator, can be ordered to reimburse the salaries and emoluments he received during his incumbency to plaintiff Eulogio Rodriguez, Sr., who was later declared duly elected by the Senate Electoral Tribunal.
RULING
The Supreme Court affirmed the order dismissing the complaint. The Court held that Tan, having been duly proclaimed as Senator by the Commission on Elections, having taken the oath of office, and having assumed and discharged the duties of the position, was entitled to the compensation, emoluments, and allowances attached to the office during his incumbency. The Court found that Tan acted as a de facto officer and that the salaries and emoluments belonged to the person who rendered the service. The Court noted that the rule advocated by Rodriguez—that salaries follow the legal title—is based on statutory provisions in some U.S. states or on common law principles not in force in the Philippines, and there is no Philippine statute authorizing such a rule. The Court also invoked the principle of res judicata, noting that Rodriguez’s claim for salaries and emoluments had been raised before the Senate Electoral Tribunal, which passed upon it sub silentio, implying a denial. The claim for damages was likewise dismissed.