G.R. No. L-6715 October 30, 1953
JOSE V. RODRIGUEZ, recurrente, vs. VICENTE DEL ROSARIO, etc., y otros, recurridos.

FACTS

On November 9, 1952, Jose V. Rodriguez was appointed Mayor of Cebu City. He immediately assumed office. The Commission on Appointments approved his appointment on March 26, 1953. On April 6, 1953, he received a letter from the Acting Executive Secretary notifying him that, by order of the President, he had been designated as a Technical Assistant in the Office of the President, effective immediately. On the same day, Vicente del Rosario was designated as Acting Mayor of Cebu City and began performing the duties on April 9, 1953. Rodriguez alleges he never performed the duties of Technical Assistant; while he was considering whether to accept the designation, he learned of del Rosario’s appointment; the office of Mayor has a three-year term unless the appointee is sooner removed for cause; he has not been removed for cause; he demanded that del Rosario yield the position, but the latter refused, and the City Treasurer and Auditor refused to pay his salary. He filed a quo warranto petition on May 29, 1953. The respondents contend that del Rosario was designated in accordance with Commonwealth Act No. 588 ; that Rodriguez received salary as Technical Assistant until May 31, 1953, proving he held that office; that by holding the Technical Assistant position he did not cease to be Mayor, so the office was not vacant; and that del Rosario may remain as Acting Mayor for as long as the President desires.

ISSUE

Whether the temporary designation of a regularly appointed Mayor (Jose V. Rodriguez) to another position (Technical Assistant) and his subsequent replacement by an acting appointee (Vicente del Rosario) constitutes an illegal removal from office, thereby entitling the former to reinstatement.

RULING

The Supreme Court ruled in favor of petitioner Jose V. Rodriguez. The temporary designation of Rodriguez as Technical Assistant did not deprive him of his right to decline it, and he was not obliged to remain in that position against his will. To compel him to stay in the temporary designation would be an indirect and unlawful deprivation of his rightful office as Mayor. The only legal causes for removal of a municipal or city official are disloyalty to the Republic and those enumerated in the Revised Administrative Code. Rodriguez did not incur any of these acts; therefore, he cannot be deprived of his office, to which he was appointed for three years, unless legally removed earlier for cause. The claim that an appointee to a non-vacant position can remain for as long as the President wishes is baseless and subverts the constitutional spirit, violating the security of tenure clause. The Court ordered that Jose V. Rodriguez be reinstated to the office of Mayor of Cebu City, with the right to receive emoluments from June 1, 1953, and ordered Vicente del Rosario to vacate the office he was illegally occupying.