G.R. No. L-47381; April 8, 1941
PEDRO S. MARTINEZ, petitioner, vs. THE HONORABLE JAIME HERNANDEZ, Auditor General, respondent.

FACTS

On October 5, 1937, the Municipal Council of Candelaria, Tayabas, appointed petitioner Pedro S. Martinez as a municipal pensionado to study aviation at the “American Far Eastern School of Aviation.” On November 1, 1937, the same council passed a resolution appropriating the sum of P80 for his pension. This resolution was approved by the Provincial Board of Tayabas on November 19, 1937. On February 8, 1938, the Auditor General declared the appointment of Martinez illegal. Martinez appealed to the President of the Commonwealth, requesting that the Auditor General’s action be set aside. The President denied the petition and fully affirmed the Auditor General’s resolution. Martinez subsequently filed this petition with the Supreme Court.

ISSUE

Whether the Auditor General correctly declared illegal the appointment and pension of Pedro S. Martinez for aviation studies, based on non-compliance with the legal requirements for municipal student appointments.

RULING

The Supreme Court DENIED the petition, upholding the decision of the Auditor General. The Court held that the appointment of Martinez did not comply with the mandatory conditions set forth in Article 2256 of the Revised Administrative Code. This provision specifies the manner of appointment and conditions for municipal students, including: (1) the appointee must not be less than 17 nor more than 30 years of age; and (2) the appointment must be made by the municipal president, with the consent of the majority of all council members, from a list of eligibles certified and recommended by the Division Superintendent of Schools. In this case, none of these conditions were met. The Municipal Council of Candelaria failed to follow the legal procedure. Therefore, the Auditor General acted correctly and within the law in disapproving the expenditure. No pronouncement was made as to costs.