GR 247409; (February, 2020) (Digest)
March 11, 2026GR 131457; (April, 1998) (Digest)
March 11, 2026G.R. No. L-7662 July 31, 1954
MAXIMINO COMETA, petitioner, vs. WENCESLAO ANDANAR, respondent.
FACTS
On October 1, 1953, the President created the municipality of Sapao, Surigao. On the same day, petitioner Maximino Cometa was appointed by the President as its municipal mayor. He qualified by taking his oath on October 7, 1953, and assumed office. On or about February 8, 1954, without being charged with any malfeasance, Cometa was removed from office through a letter of designation (signed by the Executive Secretary by authority of the President) appointing respondent Wenceslao Andanar as acting mayor. Andanar assumed the office and exercised its functions. Cometa’s inquiry to the Executive Secretary regarding the cause of his removal went unanswered. Andanar contended that Cometa’s appointment was temporary and at the pleasure of the President, that the municipal council had ousted Cometa by resolution, and that his own appointment responded to a petition from the municipality’s inhabitants. Andanar also alleged Cometa voluntarily surrendered the office, but no evidence was presented.
ISSUE
Whether the petitioner, appointed as municipal mayor of a newly created municipality, may be removed from office without cause before the next regular election.
RULING
No. The petition for quo warranto is granted. The Court ruled that under Section 10 of Republic Act No. 180, when the President chooses to fill an elective office in a newly created political division by appointment (instead of calling a special election), the appointee holds office permanently until a successor is chosen at the next regular election. The next regular election for municipal offices was scheduled for November 1955. Therefore, Cometa’s appointment was not temporary or at the pleasure of the President; he could only be removed for cause as provided by law. The municipal council’s resolution could not effect his removal, nor could public sentiment authorize the President to remove him without cause. The designation of Andanar constituted an illegal removal of Cometa. Andanar was found to have usurped the office. Cometa is entitled to the office.