G.R. No. L-5955, 19 September 1952

FACTS:

In July 1952 the mayor of Sexmoan, Pampanga, was suspended. The vice-mayor Jose T. Salazar, assumed office as mayor by virtue of section 2195 of the Revised Administrative Code. However, the provincial governor, acting under section 21 (a) of the Revised Election Code (R.A. 180), with the consent of the provincial board appointed Jose L. Laxamana, as mayor of Sexmoan, who immediately took the corresponding official oath.

Thus, this quo warranto proceeding based solely on the petitioner’s proposition that the section first mentioned has been repealed by the subsequent provision of the Revised Election Code.

ISSUE:

Whether this petition should be granted, and Laxamana declared the lawful mayor of Sexmoan.

RULING:

No. In fact even after the Revised Election Code was enacted, the Department of the Interior and the office of executive Secretary who are charged with the supervision of provincial and municipal governments have “consistently held that in case of the suspension or other temporary disability of the mayor, the vice-mayor shall, by operation of law, assume the office of the mayor, and if the vice-mayor is not available, the said office shall be discharged by the first councilor.”

By virtue of section 2195 of the Revised Administrative Code to wit: “Temporary disability of the mayor. Upon the occasion of the absence, suspension, or other temporary disability of the Mayor, his duties shall be discharged by the Vice-Mayor, or if there be no Vice-Mayor, by the councilor who at the last general election received the highest number of votes.”

This quo warranto petition is dismissed with costs. So ordered.

* Case digest by Neah Hope L. Bato , LLB-1, Andres Bonifacio Law School, SY 2017-2018