GR L 7870; (October, 1955) (Digest)
G.R. No. L-7870 October 31, 1955
AGUSTIN RAMOS, petitioner, vs. RAFAEL ALVAREZ, respondent.
FACTS
Juan S. Aritao, a Liberal Party member elected as third member of the Provincial Board of Negros Occidental, resigned after filing a certificate of candidacy for congressman. President Elpidio Quirino, during a congressional recess and under Section 21(b) of the Revised Election Code, appointed Agustin Ramos (also a Liberal) to fill the vacancy. Ramos assumed office. His interim appointment was later submitted to the Commission on Appointments for confirmation. Before confirmation, President Ramon Magsaysay nominated Rafael Alvarez for the same office. The Commission on Appointments rejected Ramos’ appointment and unanimously confirmed Alvarez’s nomination. Alvarez assumed office despite Ramos’s opposition. Ramos filed a petition for quo warranto, seeking to be declared legally entitled to the office and to oust Alvarez.
ISSUE
Whether an appointment made by the President under Section 21(b) of the Revised Election Code to fill a vacancy in an elective local office is subject to the consent (confirmation) of the Commission on Appointments.
RULING
Yes. The Supreme Court denied the writ. The appointment under Section 21(b) is subject to confirmation by the Commission on Appointments. The Constitution (Article VII, Section 10(3)) requires appointments made by the President to be with the consent of the Commission, except for “inferior officers” whose appointment Congress has by law vested “in the President alone.” While the position of third member of a provincial board may be considered an inferior office, Section 21(b) only authorizes the President to appoint but does not expressly vest the power “in the President alone.” Therefore, such an appointment falls under the constitutional category of “those whom he may be authorized by law to appoint,” which requires Commission consent. Consequently, Ramos’s appointment ceased to be effective upon its rejection by the Commission on Appointments. Having no legal title to the office, Ramos could not succeed in his action to oust Alvarez.