7/29/2019 Ykalina vs. Oricio Case Digest

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YKALINA v. ORICIO

Doctrine: Acquisition of right or title to office, in general; Appointment made by the President

Title: PEDRO Z. YKALINA, petitioner, vs. ANANIAS ORICIO, respondent. G.R. No. L-6951 October 30, 1953

Ponente: Justice Bengzon; En Banc

Facts:

The 1951 polls of the municipality of Valladolid, Occidental, Negros, resulted in the election of Manuel Z. Ykalina as mayor, andof Antipas Junio as vice-mayor. Among the councilors-elect, Pedro Z. Ykalina who obtained the highest place, and AnaniasOricio the fourth. All assumed office at the proper time. On July 18, 1953, Antipas Junio wrote the Provincial Board a letter ofresignation, which was duly accepted by that body on July 24, 1953. Then on August 8, 1953, the Acting Executive Secretarysuspended Mayor Ykalina by reason of certain administrative charges. Consequently, Mayor Ykalina yielded the office to

Ananias Oricio.

A few days later, Pedro Z. Ykalina asserted his right to substitute the mayor in view of the resignation of the vice-mayor Junio,and started a quo warranto proceeding to contest respondent Oricio's possession of the office. He alleged that under section2195 of the Revised Administrative Code, when the mayor of a town is suspended his duties are discharged by the vice-mayor,but if there be no vice-mayor, by the councilor who at the last general election received the highest number of votes. He allegedfurther in this petition that the Provincial Governor, without consultation with, nor consent of the Provincial Boards had invalidly

designated said respondent to act as mayor of Valladolid.

In his defense, the respondent answered that the Governor's letter merely informed Mayor Ykalina of his suspension by superiordecree, and of his obligation to cease in the exercise of his powers which shall be assumed by Oricio, who had, before that time,qualified for the office of vice-mayor in pursuance of an appointment issued by the President of the Philippines on July 25, 1953.The respondent went on to explain there was no need of any designation by the provincial governor, inasmuch as under section2195 of the Revised Administrative Code he ipso facto succeeded to the mayorship upon the incumbent's suspension.

By way of replication, the petitioner assailed the validity of Oricio's appointment as vice-mayor, contending that it was made byExecutive Secretary Marciano Roque, and not by President Quirino himself.

Issue:

Whether or not the Executive Secretary can validly appoint on behalf of the President a vice-mayor in a municipality.

Held:

Yes, the Executive Secretary, as the alter ego of the President, can appoint a municipalitys vice-mayor.

Undoubtedly, under section 21 (b) of the Revised Election Code, when the office of the vice-mayor became vacant the Presidentcould appoint thereto a suitable person, etc. While the appointment of an officer is usually evidenced by a Commission, as ageneral rule, it is not essential to the validity of an appointment that a commission issue, and an appointment may be made byan oral announcement of his determination by the appointing power.

The Chief Executive is vested by law with the power to appoint many officials. Probably in the appointment of those of lessercategory the Executive has found it more expedient to follow the practice herein disclosed. For that matter, the documentappointing Oricio as vice-mayor did not materially differ from another in the same words of appointment, but with a rubber stamp

of His Excellency's autograph, as signature, affixed thereto by the Executive Secretary upon orders of the President